VcL  'b^Si'L  -    \"^S'\ 


\., 


J 


/ 


/ 


\ 


OLL    ECTION 

O  F 

All  the  P  U  B  L  I  C 

ACTS  OF  ASSEMBLY^ 

O  F 

The    PROVINCE    of 

NO  RTH^CA  RO  LI  NJ: 

Now  in  F  O  R  C  E  and  tJ  S  E. 


Together  with  the  TITLES  of  all  fuch  LAWS  as  arc  Obfolete,  Ex- 
pired, or  Repeal'd. 

And  alfo,  an  exad  TABLE  of  the  Titles  of  the  ACTS  in  Force, 


He  VISED  by  ComtTiiJjioners  appointed  by  an  AB  of  the  (}  E  N  ERA  L  A  S- 
S  E  MB  LT  of  the  Jaid  Province,  for  that  Purpoje ;  afid  Examined  with  the 
Records y  and  Confirmed  in  full  Ajfembly. 


"f^wwm 


¥ 


NEW  BERN-.  Printed  by  James  Davis,  M,DCC,LL 


u 


n 


TO     His    EXCELLENCY 

GABRIEL    JOHNSTO  N,    Efq; 
Captain-General,   Governor  and  Commander  in 

Chief,    in   and  over   His    Majefty's  Province  of  North^CarolhUf 
and  Vice-Admiral  of  the  fame. 

May    it  pkafe   Tour   Excelkftcy^ 

CO  L.  Mojelej',  the  other  CommilTioner  concerned  with  me, 
in  the  CoUeci:ing,  C(^mpiling,  Revifing,  and  Printing  the 
LAWS  in  Force  in  this  Province,  being  dead,  I  alone 
beg  Leave  to  Dedicate  Them  to  Your  Excellency,  as  their  Patron 
and  Protedor  ;  under  vvhofe  wife  and  prudent  Adminiftration,  the 
greateft  Part  of  the  befi:  of  them  have  been  formed. 

F  R  O  M  the  known  Benevolence  of  your  Difpofition,  I  am  fa-^ 
tisfied,  it  muft  give  You  great  Pleafure,  Sir,  That  this  WORK, 
fo  repeatedly  recommended  to  the  General  AfTembly  of  this  Pro- 
vince, and  io  long  and  earneftly  defir'd  by  You ;  hath  been  car- 
ried on  by  Your  favourable  Influence,  and  finiiljed  during  Your 
Governmento 

A  L  T  H  O'  the  Subftance  of  each  Law,  and  Claufe  of  every 
Law,  in  Force,  is  fl-ridly  prefer ved  •  yet,  I  am  fenfible,  they  fall 
greatly  Ihort  of  that  Corrednefs  in  Stile  and  Didion,  which  may 
be  expe&d  in  a  Work  of  this  Nature  ;  and,  in  thofe  Points,  will 
not  ftand  an  Examination,  efpecially  of  fo  difcerning  a  Judge  as 
Your  Excellency :  But  as  You  are  well  acquainted  with  the  many 
Difficulties  which  attended  us,  in  the  performing  this  Service  for  the 
Publick,   I  hope  our  Defers  will  by  You  be  favourably  confidered*^ 

I  am  Your  Excellency's 

Moft  Dutiful  and  Obedient 

Humble  Servant, 

SAxVrUEL     SWANN- 


Digitized  by  the  Internet  Archive 

in  2010  with  funding  from 

Ensuring  Democracy  through  Digital  Access  (NC-LSTA) 


http://www.archive.org/details/collectionofallp1751nort 


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K  ".>-  *v-  ^^'  "if-  "w~  "^p-  '^►'  '1?-  '^If-  -1!^  ">-  '»-  'If-  "If-  -^f-  "If-  "vf-  "ir-  "if-  *if-  "if-  *»•  ^v-  "»-  f- 


THE     SECOND 


C 


R  T  E  R, 


Granted  by  King  C  HA  RLE  S,  IL 

TO    THE 

Proprietors  of  CAR  0  L  IN  A. 

CHARLES  the  Second,  by  the  Grace  of  God,  of  Great- 
Britahiy  France,  and  Ireland,  King,  Defender  of  the  Faith, 
<£?c  WHEREAS,  by  our  Letters  Patents,  bearing  Date 
the  Twenty  fourth  Day  of  March,  in  the  Fifteenth  Year  of 
our  Reign,  We  were  gracioully  pleafed  to  grant  unto  our  right  trufty 
and  right  well-beloved  Coulin  and  Counfellor  Edivard  Earl  of  Claren- 
don, our  High  Chancellor  of  Efigland,  our  right  trufty  and  entirely  be- 
loved Coufin  and  Counfellor  George  Duke  of  ^/^u^/z^^r/i?,  Mafter  of  our 
Horfe  ;  our  right  trufty  and  well-beloved  William  now  Earl  of  Craven  ; 
our  right  trufty  and  well-beloved  Counfellor  ych?!  Lord  Berkeley ;  our 
right  trufty  and  well-beloved  Counfellor  Anthony  Lord  AJI:lcy,  Chan- 
cellor of  our  Exchequer;  our  right  trufty  and  well-beloved  Counfellor 
Sir  George  Carteret,  Knight  and  Baronet,  Vice-Chancellor  of  our  Houf- 
hold  ;  our  right  trufty  and  well-beloved  Sir  ^^ohn  Colleton,  Knight  and 
Baronet ;  and  Sir  William  Berkeley,  Knight ;  all  that  Province,  Terri- 
tory, or  Tradt  of  Ground,  called  Carolina,  fituate,  lying  and  being  with- 
in our  Dominions  oi  America ;  extending  from  the  A^wyZ' End  of  the 
Illand  called  Liike-Ifuind,  v/hich  lyeth  in  the  Southern  Virginia  Seas, 
and  within  Thirty  Six  Degrees  of  North  Lattitude  ;  and  to  the  Weji,  as 
•far  as  the  South-Seas ;  and  fo  refpedively  as  far  as  the  River  o^  Matthi- 
as, which  bordereth  upon  the  Coaft  o£  Florida,  and  within  Thirty  One 
Degrees  o^  Northern  Lattitude  j  and  fo  Wejl,  in  a  diredl  Line,  as  far  as 
the  South-Seas  aforcfaid. 

NOW  Know  ye.  That  We,  at  the  humble  Requeft  of  the  faid 
Grantees,  in  the  aforefaid  Letters  Patents  named,  and  as  a  further  Mark 
of  our  efpecial  Favour  to  them,  we  are  gracioully  pleafed  to  enlarge  our 
i^aid  Grant  unto  them,  according  to  the  Bounds  and  Limits  hereafter 
fpecificd,  and  in  Favour  to  the  pious  and  noble  Purpofe  of  the  the  faid 
Edward  Earl  of  Clarendon^  George  Duke  of  Albemarle^  WilUa?n  Earl  of 

a  Craven^ 


ii  The   Proprietors    Second  CHARTER. 


Craven,  John  Lord  Berkeley,  Ajithony  Lord  AJhley,  Sir  George  Carteret^ 
Sir  John  Colleton,  and  Sir  Williajn  Berkeley,  their  Heirs  and  Affigns,  all 
that  Province,  Territory,  or  Trait  of  Land,  fituatc,  lying  and  being 
within  our  Dominions  oi  America  aforefaid  \  extending  ISIorth  and  Eajt- 
ward,  as  far  as  the  North  End  of  Currituck  River  or  Inlet,  upon  a  ftrait 
Wejlerly  Line  to  Wyonoak  Creek,  which  lies  within  or  about  the  the  De- 
grees of  Thirty  Six,  and  Thirty  Minutes,  Northern  Lattitude  j  and  fd 
Wejl,  in  a  direft  Line,  as  far  as  the  South-Seas  j  and  South  and  Wejl- 
ward,  as  far  as  the  Degrees  of  Twenty  Nine,  inclufive,  of  Northern  Lat- 
titude ;  and  fo  F/'e/l,  in  a  dired  Line,  as  £^r  as  the  South-Seas ;  together 
with  all  and  fingular  the  Ports,  Harbours,  Bays,  Rivers,  and  Inlets,  be- 
longing unto  the  Province  or  Territory  aforefaid  :  And  alfo,  all  the  Soils, 
Lands,  Fields,  Woods,  Mountains,  Ferms,    Lakes,  Rivers,  Bays,  and 
lilets,  lituate  or  being  within  the  Bounds  or  Limits  laft  before  mention- 
ed ;  with  the  Fifhings  of  all  Sorts  of  Fifli,  Whales,  Sturgeons,  and  all 
other  Royal  Fiih,  in  the  Sea,  Bays,  Iflets,  and  Rivers,  within  the  Pre- 
mifcs,  and  the  Fifh  therein  taken,  together  with  the  Royalty  of  the  Sea 
upon  the  Coafl  within  the  Limits  aforefaid  j  and  moreover  all  Veins, 
Mines,    and  Quarries,  as  well  difcovered  as  not  difcovered,  of  Gold, 
Silver,  Gems,  and  precious  Stones,  Metal,  or  any  other  Thing,  found,, 
or  to  be  found,  within  the  Province,  Territory,  Iflets,  and  Limits  a- 
forefaid :  And  further  more,  the  Patronage  and  Advowfons  of  all  the 
Churches  and  Chapels,  which,  as  Chriftian  Religion  fhall  increafe  with- 
in the  Province,    Territory,  liles,   and  Limits  aforefaid,    fl:iall   happen 
hereafter  to  be  erefted  j   together  with  Licenfe  and  Power  to  build  and 
found  Churches,  Chapels,  and  Oratories,-  in  convenient  and  fit  Places, 
within  the  faid  Bounds  and  Limits  j  and  to  caufe  them  to  be  dedicated 
and  confecrated,  according  to  the  Ecciefiaftical  Laws  of  our  Kingdom 
of  England  j  together  with  all  and  fmgular  the  like  and  as  ample  Rights, 
Jurifdidlions,-  Privileges,  Prerogatives,  Royalties,  Liberties,  Immunities, 
and  Franchifes,  of  what  Kind  foever,  within  the  Territory,  Ifles,  Iflets, 
and  Limits  aforefaid  :  To  have,  hold,  ufe,  exercife,  and  enjoy  the  fame, 
as  amply,  fully,  and  in  as  ample  Manner,  as  any  Bifliop  of  Z)//r/'^w,  in 
our  Kingdom  of  England,  ever  heretofore,-  had,  held,  ufed,  or  .enjoyed, 
or  of  Right  ought  or  could  have,  ufe,  or  enjoy  :  And  them  the  faid 
Ediaard  Earl  oi  Clarendon,  George  Duke  oi  Albemarle,  JVilliam  Earl  of 
Craven,  John  Lord  Berkeley,  Anthony  Lord  AJkley,  Sir  George  Cart  ere t. 
Sir  Joh?!  Colleton,  and  Sir  William  Berkeley^  their  Heirs  and  Afligns,  we 
do,  by  thefe  Prefents,  for  us,  our  Heirs  and  SuccefTors,  make,  create, 
and  conflitute,  the  true  and  abfolute  Lords  and  Proprietors  of  the  faid 
Province  or  Territory,    and  of  all  other  the  Premifes ;  faving  always 
the  Faith,  Allegiance,  and  fovereign  Dominion,  due  to  us,  our  Heirs 
and  SuccefTors,  for  the  fame  :  To  hold,  pofTefs,-  and  enjoy  the  faid  Pro- 
vince, Territory,  Iflets,  and  all  and  fingular  other  the  Premifes,  to  them 
the  faid  Edward  Earl  oi  Clarendon,  George  Duke  oi  Albemarle,  William 
Earl  of  Craven,  John  Lord  Berkeley^-  Anthojiy  Lord  AJl.dcy,  Sir  George 
Carteret,  Sir  John  Colleton,  and   Sir  William  Berkeley,  their  Heirs  and 
AfTigns  for  ever  ;  to  be  holden  of  us,  our  Heirs  and  SuccefTors,  as  of 
Our  Manor  of  Eajl-Greennvich,  in  Kent,  in  free  and  common  SoccagCj 
and  not  in  Capite,  or  by  Knight's  Service  :  Yielding  and  paying,  Year- 


V 


The   Proprietors   Second  CHARTER. 


ly,  to  us,  our  Heirs  and  SuccefTors,  lor  the  f.ime,  the  iFourth  Part  of  all 
Gold  and  Silver  Oar,  which,  within  the  Limits  hereby  granted,  fhalj, 
from  Time  to  Time,  happen  to  be  found,  over  and  befides  the  Yearly 
Rent  of  Twenty  Marks,  and  the  Fourth  Part  of  the  Gold  and  Silver 
Oar,  in  and  by  the  faiJ  written  Letters  Patent  referved  and  payable. 

AND  that  the  Province  or  Territory  hereby  granted  and  defcribed, 
may  be  dignified  with  as  large  Tythes  and  Privileges,  as  any  other  Parts 
of  our  Dominions  and  Territories  in  that  Region ;  Know  ye,  That  we, 
of  our  further  Grace,  certain  Knowledge,  and  m>ere  Motion,  have 
thought  fit  to  annex  the  fame  Tradt  of  Ground  or  Territory  unto  the 
fame  Province  o^  Carolina  -^  and  out  of  the  Fullnefs  of  our  Royal  Power 
and  Prerogative,  we  do,  for  us,  our  Heirs  and  Succeffors,  annex  and 
Unite  the  fame  to  the  faid  Province  of  Carolina. 

AND  forafmuch  as  we  have  made  and  ordained  the  aforefaid  Ed~ 
.  ward  Earl  oi  Clarendon^  George  Duke  oi  Albemarle^  William  Earl  of  Cra- 
ven, jfobn  Lord  Berkeley,  Anthony  Lord  AJhley,  Sir  George  Carteret,  Sir 
yohn  Colleton,  and  Sir  William  Berkeley,  their  Heirs  and  Afligns,  the  true 
Lords  and  Proprietors  of  all  the  Province  or  Territory  aforefaid  j  Knov/ 
ye  therefore  moreover,  That  we,  repoling  efpecial  Trufl:  and  Confidence 
in  their  Fidelity,  Wifdom,  Juftice,  and  provident  Circumfped:ion,  for 
us,  our  Heirs  and  Succeilbrs,  do  grant  full  and  abfolutc  Power,  by  Vir- 
tue of  thefe  Prefents,  to  them  the  faid  Edward  Earl  of  Clarejidon^ 
George  Duke  of  Albemarle,  William  Earl  of  Craven,  yohn  Lord  Berke- 
ley, Anthony  Lord  AJlAcy,  Sir  George  Carteret,  Sir  'John  Colleton,  and  Sir 
William  Bei-kelcy,  their  Heirs  and  Afiigns,  for  the  good  and  happy  Go- 
vernment of  the  faid  whole  Province  or  Territory,  full  Power  and  Au- 
thority, to  ere6t,  conflitute,  and  make  feveral  Counties,  Barorinics,  and 
Colonies,  of  and  within  the  faid  Provinces)  Territories,  Lands,  and  He- 
reditaments, in  and  by  the  faid  Letters  Patents,  granted,  or  mentioned 
to  be  granted,  as  aforefaid,  with  feveral  and  diflinft  Jurifdidlions,  Pow- 
ers, Liberties,  and  Privileges  :  And  alfo,  to  ordain,  make,  and  enadr, 
and,  under  their  Seals,  to  publifii  any  Laws  and  Conftitutions  whatfo- 
ever,  either  appurtaining  to  the  Public  State  of  the  whole  Province  or 
Territory,  or  of  any  diftind:  or  particular  County,  Baronny,  or  Colojiy, 
or  of  or  within  the  fame,  or  to  the  private  Utility  of  particular  Per^ 
fons,  according  to  their  befl  Diredions,  by  and  with  the  Advice,  Af- 
fent,  and  Approbation,  of  the  Freemen  of  the  laid  Province  or  Terri- 
tory, or  of  the  Freemen  of  the  Coility,  Baronny,  or  Colony,  for  which 
fuch  I^aw  or  Conftitution  fhall  be  made,  or  the  greater  Part  oi  them, 
or  of  their  Delegates  or  Deputies,  whom,  for  enacting  of  the  faid  Laws, 
when,  and  as  often  as  Need  fliall  require,  We  will,  that  the  faid  Ed- 
ivard  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of 
Craven,  John  Lord  Berkeley,  Anthony  Lord  AJhley,  Sir  George  Carteret^ 
Sir  John  Colleton,  and  Sir  William  Berkeley,  and  their  Heirs  or  Afiigns, 
fliall,  from  Time  to  Time,  afi!emble,  in  fuch  Manner  and  Form  as  tcj 
them  fiiall  feem  beft  ;  and  the  fame  Laws  duly  to  execute,  upon  all 
People  within  the  faid  Province  or  Territory,  County,  Baronny,  or  Co- 
lony, or  the  Limits  thereof,  for  the  Time  being,  which  fliall  be  confll- 

tuted^ 


\. 


^ 


The   Froprictcrs    Second  CHARTER. 


tuted,  under  the  Power,  and  Government  of  them  or  any  of  them,  ei- 
ther failing  towards  the  faid  Province,  or  Territory  of  Carolina,  or  re- 
turning from  thence  towards  Kngland,  or  any  other  of  our,  or  Foreign 
Dominions,  by  Impofition  of  Penalties,  Imprifonment,  or  any  other 
Punifliment ;  yea,  if  it  (liall  be  heedful,  and  the  Quahty  of  the  OiFence 
require  it,  by  taking  away  Member  and  Life,  either  by  them  the  faid  £^- 
nuard  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Cra- 
ven, "John  Lord  Berkeley,  Anthony  Lord  Afoley,  Sir  George  Carteret, 
Sir  John  Colleton,  and  Sir  William  Berkeley,  and  their  Lleirs,  or  by  them, 
or  their  Deputies,  Lieutenants,  Judges,  Juftices,  Magiftrates,  or  Of- 
ficers, whatfoever,  as  v/ell  within  the  faid  Province,  as  at  Sea,  in  fuch 
Manner  and  Form  as  unto  the  faid  Edward  Earl  of  Clarendon,  George 
Duke  of  Albejnarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  An- 
thony  Lord  AJljley,  Sir  George  Carteret,  Sir  'Jolm  Colleton,  and  Sir  Wil- 
lia?n  Berkeley,  and  their  Heirs,  fliall  feem  moil  convenient :  And  alfo, 
to  remit,  releafe,  pardon,  and  abolifh,  whether  before  Judgment  or  af- 
ter, all  Crimes  and  Offences  whatfoever,  againft  the  faid  Laws ;  and  to 
do  all  and  every  Thing  and  Things,  which,  unto  the  com  pleat  Eila- 
blifliment  of  Juftice,  unto  Courts,  Seffions,  and  Forms  of  Judicature, 
and  Manners  of  proceeding  therein,  do  belong,  akho'  in  thefe  Prefents, 
cxprefs  Mention  is  not  made  thereof;  and  by  Judges  to  him  or  them 
delegated,  to  award  Procefs,  hold  Fleas,  and  determine,  in  all  the  faid 
Courts  and  Places  of  Judicature,  all  Actions,  Suits,  and  Caufes,  what- 
foever, as  well  Criminal  as  Civil,  real,  mixt,  perfonal,  or  of  any  other 
Kind  or  Nature  whatfoever :  Which  Laws  fo  as  aforefaid  to  be  pub- 
lifhed,  our  Pleafurc  is,  and  we  do  enjoin,  require,  and  command,  fliall 
be  ablolutely  firm  and  available  in  Law  ;  and  that  all  the  leige  People 
of  us,  our  Heirs  and  Succeffors,  within  the  faid  Province  or  Territory, 
do  obferve  and  keep  the  fame  inviolably  in  thofe  Parts,  fo  far  as  they 
concern  them,  under  the  Pains  and  Penalties  therein  exprefl'ed,  or 
to  be  exprefiTed  :  Provided  neverthelefs.  That  the  faid  Laws  be  con- 
fonant  to  Reafon,  and  as  near  as  may  be"  Conveniently,  agreeable  to  the 
Laws  and  Cuftoms  of  this  our  Realm  of  E?igland, 

AND  becaufe  fuch  Afiemblies  of  Freeholders  cannot  be  fo  fuddenly 
called  as  there  may  be  Occafion  to  require  the  fame,  we  do  therefore, 
by  thefe  Prefents,  give  and  grant  unto  the  faid  Edward  Earl  of  Claren- 
don, George  Duke  of  Albe?narle,  William  Earl  of  Craven,  John  Lord 
Berkeley,  Anthony  Lord  AJldey,  Sk  George  Carteret,  Sir  '^ohn  Colleton, 
and  Sir  William  Berkeley,  their  Heirs  sind  Afligns,  by  themfelves,  or 
•their  Magiftrates,  in  that  behalf  lawfully  authorized,  fijll  Power  and 
Authority,  from  Time  to  Time,  to  make  and  ordain  fit  and  wholfome 
Orders  and  Ordinances  within  the  Province  or  Territory  aforefaid,  or  any 
County,  Baronny,  or  Province,  within  the  fame,  to  be  kept  and  obferved, 
as  well  for  the  keeping  of  the  Peace,  as  for  the  better  Government  of 
the  People  there  abiding,  and  to  publifh  the  fame  to  all  to  whom  it 
may  concern  :  Which  Ordinances  we  do,  by  thefe  Prefents,  ftraitly 
charge  and  command  to  be  inviolably  obferved  within  the  fame  Pro- 
vince, Counties,  Territories,  Baronnies,  and  Provinces,  onder  the  Pe- 
Ralties  therein  exprelTed  j  fo  as  fuch  Ordinances  be  reafonable,  and  not 

repug- 


"Tbe   Proprietors   Second  CHARTER. 


repugnant  or  contrary,  but,  as  near  as  may  be,  agreeable  to  the  Laws 
and  Statutes  of  this  our  Kingdom  oi  England ,  and  fo  as  the  fame  Or- 
dinances do  not  extend  to  the  binding,  charging,  or  taking  away  the 
Right  or  Intereft  of  any  Perfon  or  Perfons,  in  their  Freehold,  Goods. 
or  Chattels,  whatfoever. 

•  ,-■,-.«■■ 

A  N  D  to  the  End  the  faid  Province  or  Territory  may  be  the  more 
happily  increafed,  by  the  Multitude  of  People  relbrting  thither,  and 
may  likeWife  be  the  more  ftrongly  defended  from  the  Incurfions  of  Sa- 
vages, and  other  Enemies,  Pirates,  ,  aiid  Robbers  j  therefore,  we,  for 
us,  our  Heirs  and  SuccefTors,  do  give  and  grant,  by  thefe  Prefents,  full 
Power,  Licence,  and  Liberty,  unto  all  the  Liege  People  of  us,  our 
Heirs  and  Succeflbrs,  in  our  Kingdom  of  England^  and  ellewhere,  with- 
ifi  any  other  our  Dominions,  Illands,  Colonies,  or  Plantations,  (except- 
ing thofe  who  fliall  be  efpecially  forbidden)  to  tranfport  themfelvcs  and 
Families  into  the  faid  Province  or  Territory,  with  convenient  Shipping 
and  litting  Provifion  ;  and  there  to  fettle  themfelves,  dwell,  and  inha- 
bit :  Any  Law,  A6t,  Statute,  Ordinance,  or  other  Thing,  to  the  con- 
trary, notwithftanding. 

A  N  D  we  will  alfo,  and  of  our  efpecial  Grace,  for  us,  our  Heirs 
and  -SuccefTors,  do  ftreightly  enjoin,  ordain,  conffcitute,  and  command, 
that  the  faid  Province  and  Territory  lliall  be  of  our  Allegiance ;  and  that 
all  and  fingular  the  Subjed:s  and  Liege  People  of  us,  our  Heirs  and  Suc- 
cefTors, tranfported,  or  to  be  tranfported  into  the  faid  Province,  and  the 
Children  of  them,  and  fuch  as  fhall  defcend  from  them  there  born,  or 
hereafter  to  be  born,  be,  and  fliall  be  Dennizons  and  Lieges  of  us,  our 
Heirs  and  SuccefTors,  of  this  our  Kingdom  of  Engla?idi  and  be,  in  all 
Things,  held,  treated,  and  reputed,  as  the  Liege  faithful  People  of  us; 
our  Heirs  and  Succef^brs^  born  within  this  our  faid  Kingdom,  or  any 
fether  of  our  Dominions  j  and  may  inherit  or  otherwifc  purchafe  and  re- 
ceive, take,  hold,  buy  and  poflefs,  any  Lands,  Tenements,  or  Heredi- 
taments, within  the  faid  Places;  and  them  may  occupy  and  enjoy,  fell,' 
alien,  and  bequeath  ;  as  likewife,  all  Liberties,  Franchifes,  and  Privile- 
ges, of  this  our  Kingdom,  and  of  other  our  Dominions  aforefaid,  may 
freely  and  quietly  have,  poiTefs,  and  enjoy,  as  our  Liege  People,  born 
within  the  fame,  without  the  Moleflation,  Vexation,  Trouble,  ©r 
Grievance,  of  us,  our  Heirs  and  SuccefTors  :  Any  Ad:,  Statute,  Ordi- 
nance, OF  Provifion,  to  the  contrary  j  notwith  (landings 

AND  furtliermore,  that  our  Subjedts  of  this  our  faid  Kingdom  of 
EnglaJid^  and  other  our  Dominions,  may  be  the  rather  encouraged 
to  undertake  this  Expedition,  with  ready  and  chearful  Means  j  Know 
ye.  That  we,  of  our  efpecial  Grace,  certain  Knowledge,  and  mere  Mo- 
tion, do  give  and  grant,  by  Virtue  of  thefe  Prefents,  as  well  to  the  faid 
Edward  Earl  of  Clarendo?i,  George  Duke  oi  Albetnarle,  William  Earl  of 
Craven^  yohn  Lord  Berkeley^  Ajithony  Lord  AJhley^  Sir  George  Carteret^ 
Sir  "John  Colleton^  and  Sir  William  Berkeley^  and  their  Heirs,  as  unto  all 
Others  as  fhall,  from  Time  to  Time,  repair  unto  the  faid  Province  or 
Territory,  with  a  Purpofe  to  inhabit  there,  or  to  trade  with  the  Natives 

b  there- 


ti  "fhe   Proprietors   Second  CHARTER. 

thereof  J  full  Liberty  and  Licence,  to  lade  and  freight,  in  every  Port 
whatfocver,  of  us,  our  Heirs  and  Succeffors,  and  into  the  fiiid  Province 
of  Caroli?ia,  by  them,'  their  Servants  and  AiTigns,-  to  tranfport  all  and 
lingular  their  Goods,  Wares",  and  Merchandiies ;  as  likewife,  all  Sorts 
of  Grain  vvhatfoever,  and  any  other  Thing  whatfoever,  neceffary  for 
their  Food  and  Cloathlng,  not  prohibited  by  the  Laws  and  Statutes  of 
our  Kingdom  and  Dominigns,  to  be  carried  out  of  the  fame,  without 
any  Let  or  Moleftation  of  us,  our  Heirs  and  Succeffors,  or  of  any  other 
our  Officers  or  Minlfter^  whatfoever  ;  faving  alio  unto  us,  our  Heirs  and 
SuccefTors,  th^  Cufloms,  and  other  Duties  and  Payments,  due  for  the 
faid  Wares  and  Merchandifes,  according  to  the  feveral  Rates  of  the 
Pj  ices  from  whence  the  fame  iliail  be  tranfported, 

W  E  will  alfo,  and  by  thefe  Prefents,  for  us,  our  Heirs  and  Succef- 
fors,  do  give  and  grant  Licence,  by  this  our  Charter,  unto  the  faid  Ed-, 
ward  Earl  of  Clarendon^  George  Duke  of  Albemarle^  WilUara  Earl  of 
Craven^  "John  Lord  Berkeley^  Anthony  Lord  Ajhley^  Sir  George  Carteret^ 
Sir  John  Colleton,  and  Sir  William  Berkeley,  and  their  Herrs  and  Afligns,^ 
and  to  all  the  Inhabitants  and  Dwellers  in  the  Province  or  Territory  a- 
forefaid,  both  prefent  and  to  come,  full  Power  and  abfolute  Authority j 
to  import  or  unlade,  by  themfelves  or  their  Servants,  Factors,  or  Af- 
figns,  all  Merchandifes  and  Goods  whatfoever  that  fliall  arife  of  the 
Fruits  and  Commodities  of  the  faid  Province  or  Territory,  either  by 
Land  or  Sea,  into  any  i-'^e  Ports  of  us,  our  Heirs  and  Succeflbrs,  in  our . 
Kingdom  of  England^  Scotland,  or  Ireland,  or  otherwifc  to  difpofe  of 
the  faid  Goods  in  the  faid  Ports  ;  and,  if  Need  be,  within  One  Year 
jiext  after  the  unlading,  to  lade  the  faid  Merchandifes  and  Goods  agairt 
into  the  fame  or  other  Ships  5  and  to  export  the  fame  into  any  other 
Countries,  either  of  our  Dominions  or  Foreign,  being  in  Amity  with  us, 
bur  Heirs  and  Succellbrs,  fo  as  they  pay  fuch  Cuftoms,  Sublidies,  and 
other  Duties,  for  the  fame,  to  us,  our  Heirs  and  SucceiTors,  as  the  reft 
©four  Subjects  of  this  our  Kingdom,  for  the  Time  being,  fliall  be  bound 
to  pay  ;  beyond  which,  we  will  not,  that  the  Lihabitants  of  the  faid 
Province  or  Territory,-  fhall  be  any  ways  charged  :  Provided  neverthelefsy 
and  our  Will  and  Pleafure  is,  and  we  have  further,  for  the  Coniidera- 
tions  aforefaid,  of  our  fpeciai  Grace,  certain  Knowledge,  and  mere  Mo- 
tion, given  and  granted,  and  by  thefe  Prefents,  for  us,  our  Heirs  and 
SuccefTors,  do  give  and  grant  unto  the  faid  Edward  Earl  of  Clarendo??^ 
George  Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berke- 
ley, Anthony  Lord  AJhley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir 
William  Berkeley,  their  Heirs  and  Affigns,  full  and  free  Licence,  Power,' 
and  Authority,  at  any  Time  or  Times,  from  and  after  the  Feaft  of  St, 
Michael  the  Archangel,  which  fliall  be  in  the  Year  of  our  L6rd  Chrif^ 
One  Thoufand  Six  Hundred  and  Sixty  &even,  as  well  to  import  and' 
bring  into  any  of  our  Dominions,  from  the  faid  Province  oi  Carolina,- 
er  any  Part  thereof,  the  feveral  Goods  herein  after  mentioned  y  that  is 
to  fay.  Silks,  Wines,  Raifins,  Capers,  Wax,  Almonds,  Oil,  and  O- 
lives,  without  paying  or  anfwering  to  us,  our  Heirs  and  SuccefTors,  any 
Cuftom,  Impoft,  or  other  Duty,  for  or  in  Refped:  thereof,  for  and  du-' 
*ing  the  Term  and  Space  of  Seven  Ycare,  to  commence  and  be  ac-*; 

counted' 


The   Proprietors   Second  CHARTER.  vii 


"counted  from  and  after  the  Importr.tion  of  Four  Tons  of  any  of  the 
faid  Goods,  in  any  one  Bottom;  Ship,  or  Velfel,  from  the  faid  Province 
t)r  Tsrricoryj  into  any  of  our  Dominions ;  as  alfo,  to  export,  and  carry 
out  of  any  of  our  Dominions,  into  the  faid  Province  or  Territory,  Cuf- 
ifeom-fl-ee,  all  Sorts  of  Tools  which  fliall  be  ufeful  or  neccllary  for  the 
Planters  there,  in  the  Accommodation  and  Improvement  of  the  Premi- 
Ics:  Any  Thing  before  in  thefe  Prefents  contained,  or  any  Law,  A&i^ 
Statute,  Prohibition^  or  other  Matter  or  Thing,  heretofore  had,  made^ 
enaded,  or  providedj  in  any-wife,  notwithltanding, 

AND  further  more^  of  oiir  mere  ample  and  efpecial  Grace,  cer- 
tain Knowledge,  and  mere  Motion,  we  do,  for  us,  our  Heirs  and  Suc- 
ceiTors,  2;rant  unto  the  laid  Edward  Earl  of  Clarendon^  George  Duke  of 
Albemarle.,  William  Earl  of  Craven,  John  Lord  Berkeley^  Anthojiy  Lord 
yljl:lev.  Sir  George  Carteret,  Sir  Joh?i  Colleton,  and  Sir  William  Berkeley^ 
their'  Heirs  and  Aliigns,  full  and  abfolute  Power  and  Authority,  to 
make,  eredtj  and  conilitutej  within  the  faid  Province  or  'territory,  and 
tlie  ides  and  lilets  aforefaidj  fucll  and  fo  many  Sea-Ports,  Harbours, 
Creeksj  and  other  Places,  for  Difcharge  and  unlading  of  Goods  and 
MerchandifeS)  cut  of  Ships,  Boats,  and  other  VefTels,  and  for  lading 
of  thcnij  in  fuch  ind  fo  many  Places,  with  fuch  Jurifdiftions,  Privi- 
leges, and  Franchifes,  unto  the  faid  Ports  belonging,  as  to  them  fliall 
feerii  moil  expedient  j  and  that  all  and  lingular  the  Ships,  Boats,  and 
other  Vefiels,  whicli  fliall  come  for  Merchandifes  and  trade  into  the 
faid  Province  or  Territory,  or  iliall  depart  out  of  the  fatne,  fliall  be 
laden  and  unladen  at  fuch  Ports  only  as  Ihall  be  ere6ted  and  conflituted 
by  the  laid  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle^  V/il- 
liara  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  AJlley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  Lleirs 
and  Affigns,  and  not  elfewhere  :  Any  Ufe,  Cullom,  or  Thing,  to  the 
(Contrary,  notwithftanding. 

AND  wc  do  further  will,  appoint,  and  ordain,  and  by  thefe  Pre- 
jrei:!ts,  for  us^  our   Heirs  and  SucceiTors,    do  grant  unto  the  faid  Ed- 
hvard  Earl  of  Clarendon,  George  Duke  of  Albeinarle,  William  Earl  of  Cra- 
ven, John  Lord    Berkeley,    Anthony  Lord  AJloley,  Sir  George   Carteret^ 
Sir  John  Colleton^  and  Sir  William  Berkeley,  and  their  Heirs  and  Affignsi 
that  they   the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albe- 
marle, William  Earl  of  Craven^  John  Lord  Berkeley,  Anthony  Lord  AJli- 
ley.  Sir   George  Carteret,  Sir  John  Colleton^    and   Sir  William  Berkeley^ 
their  Heirs  and  Affigns,  may,  from  Time  to  Time,  for  ever,  have  and 
enjoy  the  Cuftoms  and  Subiidies,  in  the  Ports,  Harbours,  Creeks,  and 
other  Places  within  the  Province  aforefaidj    payable  for   the   Goods, 
Wares,  and  Merchandifes  there  laded,  or  to  be  laded  or  unladed ;  the 
faid  Cuftoms  to  be  reafonably  aireifed,   upon  any  Occafion,  by  them- 
felves,  and  by  and  with  the  Confent  of  the  free  People,  or  the  greater 
Jt'art  of  them,  as  aforefaid ;  to  whom  we  give  Power,  by  thefe  Prefents,' 
for  us,  our  Heirs  and  SucceiTors,  upon  juH  Caufe,  and  in  due  Proper- 
tioHj  to  aiTefs  and  impofe  the  fame. 

AND^ 


Viri  ^he  Proprietors   Second  CHARTER. 

AND  further,  of  our  efpecial  Grace,  certain  Knowledge,  and  mere 
Motion,    we  have  given,    granted,    and   confirmed,  and  by  thefe  Pre- 
fents,  for  us,  our   Heirs  and  SuccefTors,  do  give,  grant,  and   confirm, 
unto  the  fiiid  Ednvard  Earl  of  Clarendon^  George  Duke  of  Albema}'h\ 
IVilUam  Earl  of  Craven^  John  Lord  Berkeley,    Antho7iy  Lord  AJJAey,   Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  Williatn  Berkeley;  their  Heirs 
and  Affigns,    full  and  abfolute  Power,    Licence}    and  Authority,    that 
they  the  faid  Edivard  Earl  of  Clarendon,    George  Duke  of  Albemarle^ 
William  Earl  of  Craven,  John  Lord  Berkeley^  Antlmiy  Lord  AJJdey,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  WilUara  Berkeley,  their  Heirs 
and  Affigns,  from  Time  to  Time  hereafterj  for  ever,  at  his  and  their 
Will  and   Pleafure^  may  affign,    aliens  grant,  demife,    or  enfeoff,  the 
Premifes,  or  any  Part  or  Parcel  thereof,  to  him  or  them  that  fhall  be 
willing  to  purchafs  the  fame,  and  to  fuch  Perfon  and  Perfons  as  they 
fhall  think  tit^  to  have  and  to  hold  to  them,  the  faid  Perfon  or  Perfons, 
their  Heirs  and  Afilgns,  in  Fee-Simple,  or  in  Fee-Tail,  or  for  Term  of 
Life  or  Lives,  or  Years  j  to  be  held  of  them  the  faid  Edimrd  Earl  of 
Clarendon,  George  Duke  of  Albemarle,    William  Earl  of  Craven,    John 
Lord  Berkeley,  Anthony  Lord  AJhley,  Sir  George  Carteret,  Sir  John  Col- 
leton, and  Sir  JVilliam  Berkeley,  their  Heirs  and  AiTigns,  by  fuch  Rents, 
Services,  and  Cufloms,  as  lliall  feem  fit  to  them  the  faid  Edward  Earl 
of  Clarendon,  George  Duke  of  Albemarle ^  William  Earl  of  Craven,  John 
Lord  Berkeley,   Anthony  Lord  AJhley,  Sir  George  Carteret,  Sir  John  Colle- 
ton, and   ^'vi  Willi a^n  Berkeley,  their  Heirs  and  Affigns,  and  not  of  us, 
our  Heirs  and  SucceiTors  :  And  to  the  fame  Perfon  and  Perfons,  and  to 
all  and  every  of  them,  we  do  give  and  grant,  by  thefe  Prefents,  for  us, 
our  Heirs  and   Succeffors,  Licence,  Authority,    and   Power,  that   fuch 
Perfon  or  Perfons  may  have  and  take  the  Premifes,  or  any  Part  thereof, 
of  the  fiiid  Ed%vard  Earl  of  Clare?idon,  George  Duke  cf  Aihet7iarle^  Wil- 
liam Earl  of  Craven,    John  Lord  Berkeley^  Anthcjiy  Lord  Ajloley,    Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  Heirs 
and  Affigns ;  and  the  fame  to  hold  to  themfelves,  their  Heirs  and  Af- 
figns, in  what  Eftate  of  Liherftance  foever,  in  Fee-Simple,  or  Fee-Tail, 
or  otherwife,  as  to  them  the  hid  Edivard  Eart  of  Clarendon,  George 
Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  An- 
thom  Lord  AJhley,  Sir   George  Carteret,  Sir  John  Colleton,  and  Sir  Wil- 
liam Berkeley,  their  Heirs  or  Affigns,  fhall  feem  expedient  j  the  Statute 
in  the  Parliament  oi  Edivard,  Son  of  King  Henry,  heretofore  King  of 
Enrrland,  our  Predeceffor,  commonly  called  the  Statute  o£  ^da  emptores 
'Terrar,  or  any  other  Statute,  Aft,  Ordinance,  Ufe,  Law,  Cuflom,  or 
any  other  Matter,  Caufe,  or  Thing,  heretofore  publiffied  or  provided 
to  the  contrary,  in  any-wife,  notwithftanding. 

AND  becaufe  many  Perfons,  born  arid  inliabiting  in  the  faid  Pro- 
vince, for  their  Defcrts  and  Services,  may  expedt  and  be  capable  of 
Marks  of  Honour  and  Favour,  which,  in  Refped:  of  the  great  Diilance^ 
cannot  be  conveniently  conferred  by  us ;  our  Will  and  Pleafure  there- 
fore is,  and  we  do  by  thefe  Prefents,  give  and  grant  unto  the  faid  Ed-^ 
ivard  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Cra-^ 
n)en,  John  Lord    Berkeley,    AnthoJiy  Lord  AJl:ky,,  Sir  George   Carteret.^ 

Sir 


The   Proprietors   Second  CHARTER.  \x 

Sir  yohi  Colleton,  and  Sir  William  Berkeley,  and  their  Heirs  and  Affigns, 
full  Power  and  Authority,  to  give  and  confer  unto  and  upon  fuch  of 
the  Inhabitants  of  the  faid  Province  or  Territory,  as  they  fhall  think 
ao  or  fhall  merit  the  fiime.  fuch  Marks  of  Favour  and  Titles  of  Ho- 
nour, as  they  iliall  think  ht ;  fo  as  their  Titles  or  Honours  be  not  the 
fame  as  are  enjoyed  by  or  conferred  upon  any  of  the  Subjed:s  of  this 
our  Kingdom  oi  England. 

AND  further  alfo,  we  do,  by  thefe  Prefents,  for  us,  our  Heirs  and 
SuccelTors,    give   and  grant  Licence,  to  the  faid  Edward  Earl  oi  Cla- 
rendon, George  Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord 
Berkeley,  Anthony  Lord  AJliley,  Sir  George  Carteret,  Sir    "John  Colleton^ 
and  Sir  William  Berkeley,  and   their  Heirs  and  Affigns,  full  Power,  Li- 
berty, and  Licence,  to  ere6t,  raife,  and  build,  within  the  faid  Province 
and  Places  aforefaid,  or  any  Part  or  Parts  thereof,  fuch  and  fo'  many 
Forts,  Fortreifes,  Caftles,  Cities,  Boroughs,  Towns,  Villages,  and  other, 
Fortifications  whatfoever  j  and  the  fame,  or  any  of  them,  to  fortify  and 
furnifh  with  Ordinance,  Powder,    Shot,  Armour,  and  all   other  Wea- 
pons, Ammunition,  and  Habiliments  of  War,  both  defenfive  and  of- 
fenfive,  as  fliall  be  thought  fit  and  convenient,  for  the  Safety  and  Welfare 
of  the  faid  Province  and  Places,  or  any  Part  thereof;  and  the  fame, 
or  any  of  them,  from  Time  to  Time,  as  Occafion  fhall  require,  to  dif- 
mantle,  disfurnifh,  demoliHi,  and  pull  down  :  And  alfo  to  place,  con- 
ftitute,  and  appoint,  in  or  over  all  or  any  of  the  faid  Caftles,  Forts, 
Fortifications,  Cities,  To\vns,  and  Places  aforeiaid.  Governors,  Deputy- 
Governors,  Magiflrates,  Sherifs,  and  other  Officers,  Civil  and  Military, 
as  to  them  fhall  feem  meet :  And  to  the  faid  Cities,  Boroughs,  Towns, 
Villages,  or  any  other  Place  or  Places,  within  the  faid  Province  or  Ter- 
ritory, to  grant  Letters  or  Charters  of  Incorporation,  with  all  Liberties, 
Franchifes,  and  Privileges,  requifite  or  ufual,  or  to  or  within  this  our 
Kingdom  o^  ^nghmd  granted  or  belonging  ;  and  in  the  fame  CitieSj  Bo- 
roughs, Towns,  and  other  Places,  to  conflitute,  ereft  and  appoint  fuch 
and  fo  many  Markets,  Marts,  and  Fairs,  as  fliall,  in  that  Behalf,  be 
thought  fit  and  neceffary  :  Aiyd  further  alfo,  to  erecSt  and  make  in  the 
Province  or  Territory  aforefaid,  or  any  Part  thereof,  fo  many  Manors, 
with  fuch  Signories  as  to  them  Ihall  feem  meet  and  convenient ;  and  in. 
every  of  the  fame  Manors  to  have  and  to  hold  a  Court-Baron,  with  alt 
Things  whatfoever  which  to  a  Court-Baron  do  belong  j  and  to  have  and 
to  hold  Views  of  Frank-Pledge  and  Court-Leets,  for  the  Confervation 
of  the  Peace  and  better  Government  of.thofe  Parts,  with  fuch  Limits, 
Jurifdi(5lions  and  PrecincCts*  as  by  the  faid  Edward  Earl  of  Clarendon^ 
George  Duke  oi  Albemarle,  William  Earl  oi 'Craven,  John  Lord  Berkeley, 
Anthony  Lord  AJhlcy,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  Wil^ 
Ham  Berkeley,  or  their  Heirs,  fhall  be  appointed  for  that  Purpofe,  witl> 
ail  Things  whatfoever  which  to  a  Court-Leet,    or  View  of   Frank- 
Pledge,  do  belong ;  the  fanie  Courts  to  be  holden  by  Stewards,  to  be 
deputed  and  authorifed  by  the  faid  Edward  Earl  of  Clarendon,  George 
"Duke  of  Albemarle,  William  Earl  ol  Craven,  John  Lord  Berkeley,  An- 
thony  Lord  AJliley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  Wil- 
liam Berkeley,  or  their  Heirs,  by  the  Lords  of  the  Manors  and  Leets, 
for  the  Time  being,  when  the  fame  fliall  be  eredied. 

c  ANI> 


The   Pi-cprietor,s   Second  CHARTER. 


AND  becaufe  that  in  ^o  remote  a  Country^  and  fituate  among  fo 
many  barbarous  Nations,  the  Invafions  of  Savages  and  other  Enemies, 
Pirates,  and  ]lobbers,  may  probably  be  feared  j  therefore,  we  have  givenj 
and  for  us,  our  Heirs  and  Succeffors,  do  give  Power,  by  thefe  PrefentSj 
unto  the  faid  Edward  Earl  of  Clarendon.^  George  Duke  of  Albemarle^ 
William  Earl  of  Cra'ven,  Jolm  Lord  Berkeley y  Antho?iy  Lord  AJklcy,  Sir 
George  Carteret y  Sir  "John  Colleton^  and  Sir  WiUiam  Berkeley^  their  Heirs 
or  Affigns,  by  themfelves,  or  their  Captains,  or  other  Officers,  to  levy^ 
mufter,  and  train  up  all  forts  of  Men,  of  what  Condition  foever,  or 
wherefoever  born,  whether  in  the  faid  Province,  or  elfewhere,  for  the 
Time  being ;  and  to  make  War,  and  purfue  the  Enemies  aforefaid,  as 
well  by  Sea,  as  by  Land  j  yea,  even  without  the  Limits. of  the  faid  Pro- 
vince, and,  by  God's  Affiftance,  to  vanquiih,  and  take  them  ;  and  being 
taken,  to  put  them  to  Death,  by  the  Law  of  War,  and  to  fave  them  at 
their  Pleafure,  and  to  do  all  and  every  other  Thing,  which  to  the  Charge 
and  Office  of  a  Captain  General  of  an  Army,  hath  had  the  fame. 

Alfo,  our  Will  and  Pleafure  is,  and  by  this  our  Charter,  we  do 
give  and  grant  unto  the  faid  Edward  Earl  of  Clarendon^  George  Duke 
of  Albemarle^  William  Earl  of  Craven^  'John  Lord  Berkeley^  Anthony 
Lord  Afoley,  Sir  George  Carteret^  Sir  Jolm  Colleton,  and  Sir  William 
Berkeley y  their  Heirs  and  Affigns,  full  Power,  Liberty,  and  Authority, 
in  Cafe  of  Rebellion,  Tumult,  or  Sedition,  (if  any  fliould  happen, 
which  God  forbid)  either  upon  the  Land  within  the  Province  afore- 
said, or  upon  the  main  Sea,  in  making  a  Voyage  thither,  or  returning 
from  thence,  by  him  and  themfelves,  their  Captains,  Deputies,  or  Of- 
ficers, to  be  authorized  under  his  or  their  Seals,  for  that  Purpofe  j  to 
whom  iilfo,  for  us,  our  Heirs  and  Succeffors,  we  do  give  and  grant, 
by  thefe  Prefents,  full  Power  and  Authority,  to  exercife  Martial  Law 
againll  any  mutinous  and  feditious  Perfons  of  thefe  Parts  *fuch  as  fhall 
iefufe  to  fubmit  themfelves  to  their  Government,  or  fliall  refufe  to  ferve 
in  the  War,  or  fliall  fly  to  the  Encmyj^r  forfake  their  Colours  or 
Enfigns,  or  be  Loyt^rers,  or  Straglers,  OTFothcrwife  offending  againff 
Law,  Cuftom,  or  Military  Difciplinc  ;  as  freely  and  in  as  ample  Man- 
ner and  Form,  as  any  Captain-General  of  an  Army,  by  Virtue  of  his 
Office,  might  or  hath  accuftomed  to  ufe  the  fame. 

AND  our  further  Pleafui'e  is,  and  by  thefe  Prefents,  for  us,  our 
Heirs  and  Succeffors,  we  do  grant  unto  the, faid  Edward  Earl  of  Cla- 
rendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord 
Berkeley,  Ajithony  Lord  AJtoley,  Sir  George  Carteret,  Sir  John  Colleton, 
and  Sir  William  Berkeley,  their  Heirs  and  Affigns,  and  to  the  Tenants 
and  Inhabitants  of  the  faid  Province  or  Territory,  both  prefent  and  to 
come,  and  to  every  of  them,  that  the  faid  Province  or  Territory,  and 
the  Tenants  and  Inhabitants  thereof,  ffiall  not,  from  henceforth,  be 
held  or  reputed  any  Member  or  Part  of  any  Colony  whatfoever  in 
America,  or  elfewhere,  now  tranfported  Or  made,  or  hereafter  to  be 
tranfported  or  made  ;  nor  ffiall  be  depending  on,  or  fubjedt  to  their  Go- 
vernment in  any  Thing,  but  be  absolutely  feparated  and  divided  from 

the 


Tbe   Proprietors   Second^  CHARTER. 


the  fame ;  and  our  Pleafure  is,  by  thefe  Prefents,  that  they  be  feparated, 
and  that  tliey  be  fubjed:  immediately  to  our  Crown  of  England^  as  de- 
pending thereof,  for  ever  :  And  that  the  Inhabitants  of  the  faid  Province 
or  Territory,  nor  any  of  them,  fliall,  at'  any  Time  hereafter,  be  com- 
pelled, or  compellabie,  or  be  any  way  sfubjcd:  or  liable  to  appear  or  an- 
fwer  to  any  Matter,  Suit,  Caufe  or  Plaint  whatfoever,  out  of  the  Pro- 
vince or  Territory  aforefaid,  in  any  other  of  our  Iflands,  Colonies,  or 
Dominions  in  America^  or  elfewhere,  other  than  in  our  Realm  of 
Etigland^  and  Dominion  of  Wales, 

AND  becaufe  it  may  happen  that  fome  of  the  People  and  Inhabi- 
tants of  the  faid  Province,  cannot,  in  their  private  Opinions,  conform 
to  the  Public  Exercife  of  Religion,  according  to  the  Liturgy,  Forms, 
and  Ceremonies  of  the  Church  of  England,  or  take  and  fubfcribe  the 
Oaths  and  Articles  made  and  ellabliflied  in  that  Behalf  5  and  for  that  the 
fame,  by  Reafon  of  the  remote  Diftances  of  thofe  Places,  will,  as  we 
hope,  be  no  Breach  of  the  Unity  and  Conformity  eftablifhed  in  this  Nati- 
on ;  our  Will  and  Pleafure  therefore  is,  and  we  do,  by 'thefe  Prefents,  for 
us,  our -Heirs  and  SuccelTors,  give  and  grant  unto  the  faid  Edward 
Earl  of  Clarendon^  George  Duke  of  Albemarle^  William  Earl  of  Crave?!, 
John  Lord  Berkeley^  Anthony  Lord  Afiley,  Sir  Gco?ge  Carteret,  Sir  John 
Colleton,  and  Sir  William  Berkeley,  their  Heirs  and  Affigns,  full  and  free 
Licence,  Liberty,  and  Authority,  by  fuch  Ways  and  Means  as  they 
(hall  think  fit,  to  give  and  grant  unto  fuch  Perfon  and  Perfons,  inha- 
biting and  being  within  the  faid  Province  or  Territory,  hereby,  or  by 
the  faid  recited  Letters  Patents  mentioned  to  be  granted  as  aforefaid,  or 
any  Part  thereof,  fuch  Indulgences  and  Difpenfations,  in  that  Behalf, 
for  and  during  fuch  Time  and  Times,  and  with  fuch  Limitations  and 
Reftrictions,  as  they  the  faid  Edward  Edivl  of  Clarendon,  George  Duke  of 
Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Ajithony  Lord 
AJlAey,  Sir  George  Carteret,  Sir  yohn  Colleton,  and  Sir  William  Berkeley^ 
their  Heirs  or  Affigns,  lliall,  in  their  Difcretion,  think  fit  and  reafonable : 
And  that  no  Perfon  or  Perfons  unto  whom  fuch  Liberty  jQiall  be  given, 
fliall  be  any  w^ay  molefted,  puniflied,  difquieted,  or  called  in  Queftion, 
for  any  Differences  in  Opinion,  or  Practice  in  Matters  of  religious 
Concernments,  who  do  not  adlually  difturb  the  Civil  Peace  of  the  Pro- 
vince, County  or  Colony,  that  they  fliall  make  their  Abode  in :  But 
all  and  every  fuch  Perfon  and  Perfons  may,  from  Time  to  Time,  and  at 
all  Times,  freely  and  quietly  have  and  enjoy  his  and  their  Judgments 
and  Confciences,  in  Matters  of  Religion,  throughout  all  the  faid  Pro- 
vince or  Colony,  they  behaving  themfelves  peaceably,  and  not  ufing 
this  Liberty  to  Licentioufnefs,  nor  to  the  Civil  Injury,  ©r  outward  Di- 
fturbance  of  others :  Any  Law,  Statute,  or  Claufe,  contained  or  to  be 
contained,  Ufage  or  Cuftom  of  our  Realm  of  England,  to  the  contrray 
hereof,  in  any- wife,    notwithflianding. 

A  N  D  in  Cafe  it  fliall  happen,  that  any  Doubts  or  Queflions  fliall 
arife,  concerning  the  true  Senfe  and  Underftanding  of  any  Word, 
Claufe,  or  Sentence  contained  in  this  our  prefent  Charter  j  we  will. 
Ordain,  and  command,  that  in  all  Times,  and  in  all  Things,  fuch  In- 

terpre- 


xu 


The  Proprietors   Second  CHARGE  R. 


terpretations  be  made  thereof,  and  allowed  in  all  and  every  of  our  Courts 
whatfoever,  as  lawfully  may  be  adjudged  moft  advantageous  and  favour- 
able to  the  faid  Edward  Earl  of  Clarendon^  George  Duke  of  Albemarle ^ 
William  Earl  of  Craven^  John  Lord  Berkeley,  Antlmiy  Lord  Ap^ley^ 
Sir  George  Carteret^  Sir  John  Colleton,  and  Sir  William  Berkeley,  their 
Heirs  and  Affigns,  although  exprefs  Mention,  Gf c. 

WITNESS  Ourfelf,  at  Wejlminjler,   the  Thirtieth  Day  oi  June, 
in  the  Seventeenth  Year  of  Our  Reign. 

Per  ipfum  Regem. 


GREAT   DEED  of  GRANT. 

GEORGE  Duke  oi  Albemarle,  Mailer  of  his  Majefty's  Horfe  ;  Ed'^ 
tuard  Earl  of  Clarendon ;  fVilliam  Earl  of  Craven  ;  ^ohn  Lord  Ber^ 
keley  j  Anthony  Lord  AJhIey,  Chancellor  of  the  Exchequer ;  Sir 
George  Carteret^  Vice-Chamberlain  of  his  Majefty's  Houfhold ;  Sir 
William  Berkeley ,  Knight  j  and  Sir  John  Collctony  Baronet  j  the  tru« 
and  abfolute  Lords  Proprietors  of  all  the  Province  of  Carolina. 

To  our  trufty  and  well-beloved  SAMUEL    STEPHENS,  Efq; 
'  Governor  of  our  County  of  Albemarle,  and  the  Ifles  and  Illcts  within 
Ten  Leagues  thereof  j  and  to   our  trufly  and  well-belovcdCouncil« 
lors  and  Affiftants  to  our  faid  Governor.     Greeting. 

WH  E  R  E  A  S  we  have  received  a  Petition  from  the  Grand 
Affembly  of  our  County  of  Albemarle,  praying,  That  the 
Lihabitants  of  the  faid  County  may  hold  their  Lands  upon 
the  fame  Terms  and  Conditions  that  the  Inhabitants  of 
Virginia  hold  theirs  j  and  forafmuch  as  the  faid  County  doth  border 
upon  Virginia,  and  is  much  of  the  fame  Nature,  We  are  content^  and 
do  grant,  that  the  Inhabitants  of  the  faid  County  do  hold  their  Lands 
of  us,  the  L«rds  Proprietors,  upon  the  fame  Terms  and  Conditions  that 
the  Inhabitants  of  Virginia  hold  theirs :  WHEREFORE,  be  it 
known  unto  all  Men,  by  thefe  Prefents,  That  we,  the  faid  Lords  and 
abfolute  Proprietors  of  the  County  within  the  Province  aforefaid,  have 
given,  granted,  and  by  thcfe  Prefents,  do  give  and  grant,  full  Power 
and  Authority  unto  you,  the  faid  Governor,  by  and  with  the  Confent  of 
our  Council,  or  the  major  Part  thereof,  or  to  any  Governor  for  the 
Time  being,  or  that  {hall  hereafter  be  by  us  appointed,  full  Power  and 
Authority,  by  and  with  the  Confent  of  our  Council  then  being,  or  the 
major  Part  thereof,  to  convey  and  grant  fuch  Proportions  of  Land,  as, 
by  our  Inftrudtions  and  Conceflions,  annexed  to  our  Commiflion,  bear- 
ing Date  in  OSfober,  Anno  Dom.  1667,  we  have  appointed,  to  liich 
Pel  fons  as  fhall  come  into  our  faid  County  to  plant  or  inhabit  j  to  be 
held  of  us,  our  Heirs  and  Afligns,  upon  the  fame  Terms  and  Condi- 
tions, that  Land  is  at  prcfent  ufually  Granted  in  Virginia  3  any  thing  ia 
our  Inftrudlions  and  Conceflions  aforefaid  to  the  contrary,  notwithfland- 
ing  :  And  we  do  hereby  Declare  and  Confent,  that  the  Warrant  to  the 
Surveyor  for  the  laying  out  of  faid  Land,  and  the  Return  thereon,  be- 
ing Regiftred,  and  alfo  the  Grant  of  you  our  faid  Governor  and  Coun* 
oil,  that  (hall  be  where  fuch  Land  is  due  having  the  Seal  of  the  Country 
affix'd  to  it,  and  figned  by  your  felf,  and  major  Part  of  our  Council, 
for  the  Time  being,  being  Regiftred,  (hail  be  good  and  eife<flual  in 
Law,  for  the  Enjoyment  of  the  faid  Land  or  Plantation,  and  all  the 
Benefits  and  Profits  of,  and  in  the  f^me,  (except  one  half  of  all  Gold 
and  Silver  Mines)  to  the  Party  to  whom  it  is  granted,  his  Heirs  and 
Affigns,  forever,  he  or  they  performing  the  Conditions  aforefaid. 

GIVEN  under  our  Hands ^  and  Gnat  Seal  of  our  Province,  thi 
irji  vf  May,  Anuo  Dom,    j668, 

Albemarle^        Craven, 
Berkeley^  -AJhley^ 

Cartint,  Cslletomn 


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LA   W  S    cf    North-Carolina. 


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''•p^^•:,PQpQP^^P  V^r-^^-iP^i^' '^^^'"iP"•^<-•^P''^^^'^^ 


ANNO   REGNI 


GEO 


II    I, 


Regis  Magnae,  Britanniae,  Franciae,  &c  Hi- 

beriiiae,  Secundi. 


At  a  General  Biennial  ASSEMBLY,  held  at  the  Houfe  llV.^lk 
of  Caut.  Richard  Sauckrjon^  at  Ltttk  River^  begun  the  '^''''"'''"* 
17th  D-Ay  oi  November,  17  15,  and  continued,  by  feveral 
Adjournments,  until  the  19th  Day  of  JiUiumy^   ^7^5- 


CHAP.    1.3 

An  A5i^  concer?ihig  Marriages.     OBSOLETE. 

CHAP.     II. 
An  A5i^  concerning  Transferring  Rights.     O  B  S. 


CHAP;      III. 

An  ABy  concerning  Defrafing  the  Charges  of  the  Governor  and  Councih 

O  B  S. 


CHAP.    IV. 

An  Ad^t  Prohibiting  Strangers  Trading  with  the  Indians.    O  B  S* 


CHAP. 


L  A  JV  S     of    North-Carolina. 


A.  D     1715. 

CHAP.     V. 


An  ABy  for  the  fpeedy  Settlement  of  Lands.     O  B  S. 


CHAP.     VI. 

An  A£f,  Exempting  New-Comers  from  paying  Levies  for  One  Tear. 

OBS. 


CHAP.     VII. 

^rn^\iAi'^'  -^^  -^^i  f^^  ^^^  better  obferving  the  Lord's  Day  called  Sunday,  the  2otb 
0/  January,  the  zgth  (p/'May,  and  the  22d  of  September  ;  and  aljo  for 
the  Sitpprefjing  Prophanenefs^  Immorality ^  and  divers  other  vicious  and 
enormous  Sins. 


CHAP.     VIII. 

Rep.  by  Aa,  A.        jIyi  A5ly  for  EJ}abliJl:>ing  the  Churchy  and  appointing  feledi  Vefries. 

I  iij  -  ■      ■         ■  ■  —  ■- 

CHAP.     IX. 

The  Suhftancs  of  jlfi  A5f,  for  Liberty  of  Confclejice,  and  that  the  Solemn  Affirmation  of  the 
£\t?he  r  v'tl       People  called  fakers  Jlfall  be  accepted,  injiead  of  an  Oath  in  the  ufual 

Statut'-s  of  En~  Ttnyrrt 

gland,    marte    in  JTUf  m. 

Force    in     this 

Province  by  A£l,  ,  _  _^ 

OH.  16,  1749.      '        "■  ~"  ' 

CHAP.     X. 

Rep.  by  h-s  Ma-  An  AB,  relating  to  the  Biennial,    and  other  AJfemblies  j    and  regulating 
3'  y '  ^  «.  Elections  and  Mefnbers, 


CHAP.    XI. 

Coroners  appointed. 


I.  TJ  E  it  Enacted,  hy  his  Excellency  the  Palatine,  and  the  reji  of  the  true  and 
X)  ^bfclute  Lords  Proprietors  of  Carolina,    by  and  with  the  Advice  and  Con" 

fern  of  this  prefent  General  Affemhly,  now  met  at  Little  River,  for  the  North  Eaft 
point'"  Co*ron?r^  P^Tt  of  the  /aid  Provincc,  and  it  is  hereby  Enacted,  That  there  fhall  be  one  able 
?nft''''b'''  c'''"  ^"^  fubflantidl  Freeholder  appointed,  to  be  Coroner  in  every  Precinft  which  now 
mm,  J    ""'  is,  or  hereafter  Ihall  be  laid  out  within  this  Government  j  which  Officer  the  Go=^ 


vernor 


LA   IV  S    of    North-Carolina. 


A    I)     1715. 


vernor  or  Commander  in  Chief  tor  the  Time  being  is  hereby  defired,  authorifcd, 
and  impowered,  by  Commiffion,  under  his  H«nd  and  Seal,  to  commiffionate 
and  appoint ;  who  fhall,  by  Virtue  of  this  Ad,  and  fuch  Commiflion  granted 
thereupon,  be  fully  invtfted  with  all  fuch  Powers  and  Authorities  as  to  the  Office 
of  a  Coroner,  by  the  Laws  and  Cuftoms  of  the  Kingdom  of  Great-Bniainy  doth 
of  Right  belong  or  appertain. 

II.  AND  he  it  further  EnaBed^  hy  the  Authority  aforefaidy  That  every  Coro-  c-ironcr'a  Fee 
ner  fo  appointed,  may,  and  he  is  hereby  impowered,  to  take  and  receive,  for  '^'-  ^  ^' 
every  Inqueft  by  him  made  and  taken,  and  returned  into  tiie  Secretary's  Office, 

(which  he  is  hereby  required,  direded,  and  commanded,  within  Three  Months, 
after  the  Date,  to  do,)  the  Sum  of  Sixteen  Shillings  and  Eight  Pence,  for  his 
own  Fee. 

III.  AND  he  it  further  Ena£fed,  hy  the  Authority  aforefaidy  That  each  Jury-  Eich  juryman 
man  fhall  be  paid  the  Sum  of  Twelve  Pence  per  Diem,  and  the  Conftable  who  c  nftfbu-^'rTk 
fummon.th  the  Jury,  the  Sum  of  One  Shilling  for  every  Juryman-,  the  Whole  fr  each  jury= 
to  be  levied,  by  a  Warrant  from  the  Coroner,  upon  the  Eftate  ot  the  Party  on  "^"^^^  ^'""* 
whofe  Body  any  Inqueft  fhall  be  taken,  if  any  fuch  can  be  found:  Ctherwifefuch 

Charges  to  be  paid  out  of  the  Public  Trcafury. 


CHAP.    XII. 

I     »  ... 

An  ABy  for  Salification  of  Public  Officers.     O  B  S. 


CHAP.     XIII. 

An  A£ly  to  appoint  Confiables,  ^=p-  *>>•  Aft,  ^ 


fnltt,  17+1. 


CHAP.    XIV. 

An  A51,  relating  to  the  Jujlices  of  the  Court  of  Pleas y  and  to  prevent  the  Rep.  by  Aa. 
Commijioners  and  other  inferior  OJicers  of  the  faid  Court y  pleading  as  ^"'  ^'  '^'*^* 
Attornies. 


CHAP.    XV. 

An  Acfy  afcertaining  the  Time  and  Method  for  the  Executing  and  Return  Rep.  ty  Aft, 
of  Original  Writs 'y  and  for  the  better  regulating  divers  Proceedings  in  ^"'^'  *'**• 
the  Court  of  Pleas. 


Vr  tx  £%  tr* 


--    /)     ■-■';. 


LA     H       S       of     N  O  R  T  H  -  C  A  II  O  L   I  N  A. 

CHAP.    XVI. 

An  ASf,  to  direcl  the  Method  to  be  cbferved,  in  the  Examlnatkn  and  Com- 

jnittmnt  (f  Criminals. 

E  it  EnaHed^  by  his  Excellency  the  Palatine,  and  the  refi  of  the  true  and 
and  Kbjclute  herds'  Proprietors  of  Carolina,  by  and  wah  the  Advice  and 
Corj.nt  of  this  prefent  General  j  ffemUy^  new  met  at  Little  River,  for  the  North- 
No  Perfnn  ftiaii  ^I'^i"^  -P^'^^  <^f  ^^^  j^-'''^  PrcvmcCy  and  It  is  hereby  Ena£fd^  That  trom  henceior- 
wrh  ut'Vx'Jn.',  ^^'"'••'  "°  i^trfon  witliin  this  Province  fhall  be  committc^d  to  Prifon  for  any  Cri- 
wr  ,^ut  xdn.,.  j^_jjj^^|  jvi^jj.,!-^  ^^^^[  Examination  th.reof  be  firft  had  before  fome  Magiitrate ; 
w  ^.ftrate  ft.il  ^j-^icj^  Magifttate  {hall  admit  the  Party  to  Bail,  if  bailable,  and  fhall  record  the 

adit,  t  t^  BjjI,  i«    ,  •         •  i-      I  ,       ,r        ,         r    1.    »  •  .,-,.,  ,        , 

ba:'ah  .  Jtixamniaticn  ot  the  r arty,  and  alfo  the  full  Matter  given  in  Evidence,  both  a- 

li-laT<'n '&  S-^'"^  hun  ind  for  him,  with  all  concurring  Circun.ftcnccs  ;  apd  fhall  take  Re- 
th-  M  ttc.g'vci,  cognizancr,  with  good  and  fuificient  Securities,  to  our  Sovcr.ing  Lord  the  King, 
g"ii^tV'  a"nd'  f  r  ^^^  ^^'^  Iniordi^r  to  appear  and  proEcute,  as  the  Laws  of  the  Kingdom  of  Great- 
h  ni. '  Britain  and  this  I'rovince  do  dir:6t  •,  and  likewife  for  all  Evidences  for  the  King 

c'Vn'zanc',  t, '  ^^  appiar,  and  give  Evidence  againif  the  Criminal,  at  the  next  Court,  where  tue 
ptf.ut,  ana  M^.tt  r  is  cogniz/^-blc,  cnfuing  fuch  Examinaton  :  Which  Examination  and  Re- 
And  fh.Jrtiin  cognizances  fo  t^^n,  fhall  be  returned  to  the  Office  of  the  Court  wherein  the 
all  t  'ht  nx  ivi,,ti  r  is  to  be  tried,  under  the  Penalty  of  live  Pounds  for  every  Neglrd; 
iw.'mr  is  to  b,  C  ne  iialf  to  the  Lords  i- roprietcrs,  and  theothir  Half  to  him  or  them  that  fhall 
trrd,  u;.c).rP:--  (^,.  fQj.  j-jj^  fame:  To  be  recovered,  in  any  Court  within  this  Government,  by 
tvcry  N.g.cft.  /:dlion  of  Dvbt,  Bill,  Plaint,  or  information-,  whcr.in  no  EfToin,  Protedtion, 
Injundtion,  or  Wager  of  Law,  fhall  be  allowed  or  admitted  of. 


R«p.     by    Aft, 

i'«.    5,    1746, 

Chap.  2. 


CHAP.    XVII. 

An  ABj  concerning  Ei'idences. 


CHAP.    xvin. 

K'  ?  ,^6*  -^'^  ^^■>  fi^  ^^^  Rrlicf  of  fuch  Creditors  nvhofe  Debtors  having  Lands  in 
Ci'-j- a.'    '    '     -this  ikvnnnnnt^    depart^    ivithout  leaving  Pcrfonal  EJlate  fufftcient  to 
fdy  their  Debts. 


CHAP.    XIX. 
An  AEl\  concerning  Efcapcs  of  Perfons  wider  Execution.    O  B  S. 


CHAP. 


LAWS     c/'    North-Carolina. 


CHAP.     XX. 


A.   D.    1715 


j4n  A5i^  to  direci  the  Difpofal  of  Goods  tahm  upon  Execidion ;  and  for 
the  better  Rcgulatio'n  of  Dijirejj'es  hereafter  to  be  made^  for  Levies  and 
^it-Rents. 

I.  T)  E  it  Enacted^  by  his  Excellency  the  Palatin,  and  the  reji  of  the  true  and  ah- 
_|3  folate  Lords  Proprietors  cf  Carolina,  by  and  with  the  Advice  and  Confent 
of  this  prefent  General  Affernbhj^  no'uj  met  at  Little  River,  for  the  North  Eaft  Part 
of  the  fad  Province^  and  by  the  Authority  of  the  fame,  it  is  hereby  Enacted,  That  where  Goods  are 
in  all  Cafis  whatfocver,  where  any  Goods  or  Chattels  iTiall  be  taken  upon  Execu-  "e''„'"„''''D^f  7" 
tion,  granted,  or  hereafter  to  be  granted  out  of  any  Court,  or  by  Diftrefs  for  th.y  ihaii  remain 
Taxes  and  Quit-Rents,  the  fame  fhall  remain  in  Cuftody  of  the  Provoft  Marfhal,  7^  d/^'s'- T not 
or  his  Deputy,  Conflable,  or  fuch  other  Perfon  levying  or  making  Execution  or  btfrercdeem'd, 
Diftrefs,  tor  and  during  the  Space  of  Ten  Days-,  at  the  Determination  of  which  'rai^'dl '' Fr'el 
Time,  (if  they  are  not  before  redeemed  by  the  Perfon  from  whom  they  were  holders,  a  to  be 
taken,)  they  fliall  be  appraifed  by  four  fubftantial  Freeholders  of  the  County,  p^^t^  ^^  "'^ 
two  to  be  chof.n  by  the  Party  from  whom  they  were  taken,  and  the  other  two 
by  the  Party  that  is  to  be  poiielTed  of  the  fame  ;  and  in  Cafe  it  happens  that  both,  if  any  p.,rty  fail 
■  or  either,  Party  or  i^arties,  fhall  not  make  fuch  Choice  as  aforefaid,  th?n  the  faid  !■"  "''Sffi^''^".!" 
Marfhal,    or  his  Deputy,  Conftable,  or  other  Perfon,    levying  or  making  fuch  make  choice  for 
Execution  or  Diftreli!,  fhall  make  Choice,  in  Behalf  of  him,  her,  or  them,  who  ''""' 
Ihail  fo  ncglcd  to  make  Choice  j  and  if  the  Appraifers  fo  nominated  and  ap-  if  Appraifers 
pointed,  (bemg  firft  fworn  before  foine  Magiftrate,)  cannot  agree  in  their  Ap-  ^^^^T^i^^^^ 
praifement,  thrn  the  faid  Appraifers,  or  any  Three  of  them,  fhall,  and  they  are  umpire,    who, 
hereby  impowLred  and  required,  to  choofe  an  Umpire,  who  (being  alfo  fworn  as  de'efm'^T"'he" 
aforefaid,)  fnall  determine  the  Matter -,  and  the  Property  of  fuch  Goods  fo  ap-  Matter. 
praifed  fhall  forthwith  be  in  and  to  the  Party  for  whom  they  were  taken,  he  or  ^^^  G'^riifia'ii 
they  returning  the  Overplus  (if  any  be)  to  the  Perfon  whofe  Goods  or  Effects  be  in  tiic  Party 
Ihall  be  fo  taken  in  Execution,  or  diftrained  upon  and  appraifed,  afttr  the  origi-  Slre''tarn/''re- 
nal  Debt,  with  all  accruing  Cofts,  are  fatisfied  and  paid  out  of  the  fame.  turning  ove'rpius 

if  any. 

II.  PRO  FID  E  D  aliuays.  That  in  all  Cafes  where  the  Sum  taken  by  Execu-  if  the  Sum  do 
tion  or  Diflrefs,  fliall  not  exceed  Fifty  Shillings,  there  fliall  be  only  Two  Ap-  "h'n'Tni''  mo 
praifers,  to  be  equally  elected  and  nominated,  as  aforefaid.  Appraifas. 

III.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Provoft-  Excc»tion  to  be 
Marfhal,  or  his  Deputy,  after  Execution  levied,  fhall  make  Return  of  the  Exe-  and thereentred! 
cution  to  the  Court  that  granted  it,  there  to  be  entered  upon  Record  ;  that  fo 

the  Satisfaction,  as  well  as  the  Judgment,  may  be  apparently  proved,  if  Need 
require. 


CHAP.     XXI. 

An  AB,  concerning  Attornics  fro7n  Foreign  Parts,  and  for  giving  Priority  Rep.  by  hu  Ma. 

to  Country  Debts.  jf'^y''  ^'^">  "^ 

■^  Council. 


B  CHAP. 


L  A  JV  S     of    North -Carolina. 


A.  D.    1715. 


Rep.  by   Act, 
Dec.  5,   1746. 
all  but  thegih  & 
loth  Se£lions  j 
which  are  as  fol- 
low. 


CHAP,     XXIL 

An  ASfj  concerning  Appeals ^  and  Writs  of  Error. 

IX.  T)  E  it  Enacted,  hy  his  Excellency  the  Palatine,  and  the  reft  of  the  true 
|j  and  abfolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Adnjice  and 
Confent  of  this  prefent  General  Affembly,  now  met  at  Little  River,  for  the  North- 
Eaft  Fart  of  the  faid  Province,  and  by  the  Authority  of  the  fame,  it  is  hereby  En- 
acted, That  in  Cafe  any  Suit  or  Matter  fliould  arife  in  the  Court  of  Chancery, 
where  the  Governor  or  Commander  in  Chief  of  this  Government  for  the  I'ime 
being,  may  be  a  Party,  or  intereftcd  therein,  it  fhall  and  may  be  lawful  for  any 
Four  of  the  Members  of  the  Court  to  fit  and  a<5t  therein,  as  tho'  the  faid  Gover- 
nor or  Commander  were  prefent,  and  not  any  ways  interefted,  or  a  Party  therein. 

X.  AND  he  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  from  and 
after  the  Ratification  of  this  A6t,  every  Member  of  the  Council,  or  Lords  Pro- 
prietors Deputy,  fhall,  upon  his  entering  into  that  Office,  and  before  he  prefumes 
to  give  his  Opinion  or  Determination  in  any  Caufe  that  fhall  come  betore  him, 
take  an  Oath,  That  he  will  do  Right  to  all  Manner  of  Perfons,  according  to  the 
bell  of  his  Judgment  and  Underftanding  of  the  Laws  and  Ufages  of  the  King- 
dom of  Great -Britain,  under  the  Penalty  and  Forfeiture  of  One  Hundred  Pounds 
for  every  Month  he  Ihall  negleft  or  refufe  to  take  the  fame  •,  One  Half  to  the 
Lords  Proprietors,  the  other  to  him  or  them  that  fhall  fue  for  the  fame  :  To  be 
recovered,  by  Aftion  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of  Re- 
cord within  the  Government ;  wherein  no  Efibin,  Injundion,  Protedion,  or  Wa- 
ger of  Law  Ihall  be  allowed  or  admitted  of. 


CHAP.     XXIIL 

^arch\^^'  %   -^^  -^^■>  t^ P^^'^^nt  the  Inhabitants  of  Bath  County  bringing  Anions  in  the 
Chap.  6,'  General  Court  again]}  one  another,  for  lefs  than  Ten  Powids. 


Rep.  by  Aft,  A. 

pril  ^,    1741. 
Chap,  15. 


CHAP.     XXIV. 

An  A6i^  for  the  Tryal  of  f mall  and  mean  Caufes. 


Rep.  by  A£l,  A- 

prili^,  1740. 
Chap.  12. 


CHAP.     XXV. 

An  ABy  for  the  better  Regulation  of  the  Militia  of  this  Government, 


ThefubjeftMat. 
ter  of  this  Aft 
regulated  by  the 
King's  Inftruai- 
cns  and  Orders  of 
Government 
here,  therefor© 
Obfolete. 


CHAP.     XXVI. 

The  Form  of  a  Patent. 


CHAP. 


L  A   I'FS    of    North-Carolina.  7 


A.   D.    1-15. 

CHAP.     XXVII.  U.-Y— ' 

^n  ABj  concerning  old  Titles  of  Lands  ;  and  for  Limitation  of  A5lio7is^ 

and  for  avoiding  Suits  in  Law. 

I.  "TTTHEREAS  great  Suit,  Debate,    and  Controverfy  hath  heretofore  Preamble. 

Y  Y  been,  and  may  htreafter  arife,  by  Means  of  ancient  Titles  to  Land  de- 
rived from  Patents  granted  by  the  Governor  of  Virginia^  the  Condition  of  which 
iPatents  have  not  been  performed,  nor  Qiiit-Rents  paid,  or  the  Lands  have  been 
deferted  by  the  firft  Patentees,  or  for,  or  by  Reafon,  or  Means  of  former  Entries 
or  J^atents  granted  in  this  Government  -,  for  Prevention  whereof,  and  for  quieting 
Mens  Eftatcs,  and  for  avoiding  Suits  in  Law, 

II.  Be  it  Enabled,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and  f^Hfl^'^ll^Z 
ahfolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent  of  derived  fromCre- 
this  prefent  General  Jffembly^  now  met  at  Little  River,  for  the  North-Eaft  Part  tr,''o?Admi- 
cf  the  faid  Province,  and  it  is  hereby  Enabled  by  the  Authority  of  the  fame.,  That  niftrawrs,  .  r  by 
all  Poffeflions  of,  or  Titles  to  any  Lands,  Tenements,  or  Hereditaments  what-  by"ind"ri"mentof 
foever,  derived  from  any  Sales  made  either  by  Creditors,  Executors  or  Admi-  Patent,  ''^"''^j'''^ 
niftrators  of  any  Perfon  deceafed,  or  by  Hufbands  and  their  Wives,  or  Hufbands  continued  in  Pof- 
in  Right  of  their  Wives,  or  by  Indorfcment  of  Patents,  or  othcrwife,  of  which  ''^1^','"  ^„  J"^"^ 
the  Purchafer  or  PofTeffor,  or  any  claiming  under  them,  have  continued,  or  ftiall  ratifid,  and'de- 
continue  in  Pofleffion  of  the  fame  for  the  Space  of  Seven  Years  without  any  Suit  ^{"'j^fj'^"^^'  ^^ 
in  Law,  be,  and  are  hereby  ratified,  confirmed,  and  declared  good  and  legal,  to  gainftaiiPer'fons, 
all  Intents  and  Purpofes  whatfoever,  againft  all  and  all  Manner  of  Perfons :  Any  ^'' 
former  or  other  Title,  or  Claim,  Aft,  Law,  Ufage,  or  Statute,  to  the  contrary, 
in  any-wife,  notwithitanding. 

.III.  AND  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  no  Perfon  Perfons  hereafter 
.or  Perfons,  nor  their  Fleirs,  which  hereafter  (hall  have  any  Right  or  Title  to  any  /hulmakcCiai'm 
Lands,  Tenements,  or  Hereditaments,  (ball  thereunto  enter  or  make  Claim,  but  with.n  7  v^ars, 
within  Seven  Years  next  after  his,  her,  or  their  Right  or  Title  which  defcend  or  crued ;  or  be  ut- 
accrue  ;  and  in  Default  thereof,  fuch  Perfon  or  Perfons  fo  not  entering  or  making  ^^i^'y  excluded. 
Default,  fhall  be  utterly  excluded  and  difabled  from  any  Entry  or  Claim  there- 
after to  be  made. 

IV.  PROVIBEBne'verthclefs,  That  if  any  Perfon  or  Perfons  that  is,  or  ^^'^l%;^tlo. 
hereafter  fhall  be,  intitled  to  any  Right  or  Claim  of  Lands,  Tenements,  or  He-  mm,  &c.   may 
reditaments,  fhall  be,    at  the  Time  the  faid  Right  or  Title  firft  defcended,  ac-  j""  y^.^.f  3^1"'" 
crued,  come,    or  fallen,  within  the  Age  of  Twenty  One  Years,  Feme  Covert,  they  come  to 
Non  compos  mentis,  imprifoned,  or  beyond  Seas,  that  then  fuch  Perfon  or  Per-  ^^' 

fons  fiiall  and  may,  notwithftanding  the  faid  Seven  Years  be  expired,  commence 

his,  her,  or  their  Suit,  or  make  his,    her,    or  their  Entry,    as  he,    fhe,    or  they 

might  have  done  before  this  Aft,  fo  as  fuch  Perfon  or  Perfons  fhall,  within  Three  p^^^^^^  ^^y^^j 

Years  next  after  full  Age,  Dlfcoverture,  coming  of  found  Mind,  Enlargement  Seas,   within  8 

^  out  of  Prifon,    or  Perfons  beyond  Seas,    within  Eight  Years  after  the  Title  or  AiT'poffeffions' 
Claim  becomes  due,  take  Benefit  and  fue  fOr  the  fame,  and  at  no  Time  after  the  ^^j'^^j.^/j/^^^"',. 
Times  or  Limitations  herein  fpecified  ;  but  that  all  Pofieflions  held  without  fuing  bra°'perpetua'i 
fuch  Claim  as  aforefaid,  fhall  be  a  perpetual  Bar  againft  all  and  all  manner  ot  Bjrj  ^f^*^^^^"^*:^' 
Perfons  whatfoever,  that  the  Expeftation  of  Heirs  may  not,  in  a  fhort  Time,  feirvd,  and  no 
leave  much  Land  unpoirefTed,  and  Titles  fo  perplexed,  that  no  Man  will  know  ^^"J""^"^^"^ 

'  x>f  whom  to  take  or  buy  Land. 

V.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.   That  all  Aftions  f^^^^;°^%f^g^ 
of  Trcfpafs,  Detinue,  Aftions  fur  Trover,    and  Replevin,  for  taking  away  of  upon  Accompt, 

Goods 


8  L    ^     fF    S  '   of     N  ORT  U'  C  A  R  O  L  I  N  A. 

^  '^'  -' '_J  ^°°^s  ^"^^  Chattels;  all  Actions  of  Accompt,    and  upon  the  Cafe;  all  Aftions 

&T^hlc^,  of  Debt  tor  Arrearages  of  Rent;  anti  all  Adions  of  Affault,  Menace,  Battery, 
&c.  fli..u  be  fu  d  Wounding,  and  Imprifonment,  or  any  of  them,  which  fhall  be  fued  or  brought 

i^'th-sAftiimi-  at  any  lune  after  the  Ratification  of  this  Aft,  Ihall  be  commenced  or  brought 

ted,  &notaft.r.  within  the  Time  and  Limitation  in  this  A61:  expreffed,  and  not  after:  That  is  to 

comptT  c.rc,"  fay;  Aftions  of  Accompt  Render,  Adiions  upon  the  Cafe,  A6tions  of  Debt  for 

Debt  foy  Ancar-  Arrearages  of  Rent,  Adions  of  Detinue,  Replevin,  and  Trefpafs  9uare  Claufum 

ages   cfKtnt,  •    i  •       /-i-i            -kz                             r           i       n       -r         ■             r    i  ■       «  V^         ^^         i               ■ 

D-t;nue,  Rcp!e-  /regit,  Witlim  1  hree  Years  next  alter  the  Ratification  or  this  Ad,  or  within  Three 

ven,  Tr.tprAs  Ycars  ncxt  after  the  Caufe  ot  fuch  Adion  or  Suit,  and  not  after,  except  fuch  Ac- 

/e:it,  within  3  compts  as  concern  the  Trade  or  Merchandife  between  Merchant  and  Merchant, 

Accn'm  t'^bcf-  ^"'^  ^^^^^  Fadors  or  Servants ;  and  the  faid  Adions  of  Trefpafs,  Affault  and  Bat- 

w.-n  M  rchants,  tcry,  Wounding,  Imprifonment,  or  any  of  them,  within  One  Year  next  after 

A(r'uit  Tild  Bit'  ^'^  Ratification  of  this  Ad,  or  within  One  Year  after  the  Caufe  of  fuch  Adion 

tti-j-,  Wound  nc,  or  Suit,  and  not  after  ;  and  the  Hiid  Adions  upon  the  Cafe  for  Words,  within  Six 

SnT  ye"ar.  Months  after  the  Ratification  of  this  Ad,  or  within  Six  Months  after  the  Words 

Cafe  f .  w  rJs  fpoken,  and  not  after. 

Within  GMonths.  *■ 

If  j.iigment  i-e  VI.  PRO  FID  E  D  neverthekfs,  and  it  is  hereby  further  Enabled,  That  if  on 

fcr  th^FiantfF,  g^^y  jj^g  f^j^j  Adions  or  Suits,   Judgment  be  given  for  the  Plaintiff,  and  the  fame 

end  it  be  revcTs  d  ^^        *^           ~       ,     ^~* 

orarnftcd,  or  bc  revcrfed  by  Error,  or  a  Verdidt  pafs  for  the  Plaintiff,  and  upon  Matter  al- 

th^n  '^^!^''hi^  's'-^'o'^d  in  Arreft  of  Judgment,  the  Judgment  be  given  againft  the  Plaintiff,  that 

Plaint,  yc.  cr  he  take  nothing  by  his  r'laint,  Writ,  or  Bill ;  or  if  any  of  the  faid  Adions  fhall 

b!:'^a"tt?hed'""L'  ^^  brought  by  original  Writ,  and  the  Defendant  cannot  be  attached  or  legally 

fuch  cafs-  the  ferved  with  Procefs,  that  in  all  fuch  Cafes,  the  Party  Plaintiff,  his  Heirs,  Execu- 

m3y''a>mm1n«'^^  ^^rs,  or  Adminiftrators,  as  the  Cafe  ffiall  require,  may  commence  a  new  Adion 

n^\y.'  Sut  within  or  Suit,  from  Time  to  Time,  within  a  Year  after  fuch  Judgment  reverfed,  or 
fuch  Judgment  given  againft  the  Plaintiff,  or  till  the  Defendant  can  be  attached 
or  ferved  with  Procefs,  fo  as  to  compel  him  to  appear  and  anfwer. 


I  Yc; 


ar. 


In  Aaions  of  VII.  A  N  D  be  it  further  Ena£ied,  That  in  all  Adions  of  Trefpafs  ^iare  Clau- 
Trefpafs  ^art  J'^ffi  fregit,  hd'eaftcr  to  be  brought,  wherein  the  Defendant  or  Defendants  fhall 
ifThc'Detenfan't  difckim  in  his  or  their  Plea  to  make  any  Title  or  Claim  to  the  Lands  in  which 
difciaini,  he  ftaii  thc  Trcfpafs  is  by  the  Declaration  fuppofed  to  be  done,  and  the  Trefpafs  be  by 
plead rDifciam"-  NegUgence,  or  involuntary,  the  Defendant  or  Defendants  fhall  be  admitted  to 
er,.&r  and  the  p]t;ad  3  Difclaimcr,  and  that  the  Trefpafs  was  by  Negligence,  or  involuntary,  and 
j"in  iffue. '  a  Tender  or  Offer  of  fuiRcient  Amends  for  fuch  Trefpafs  before  the  Adion  brought, 
DfenT-n-^""^  'he  '^^^^^reupon,  or  upon  fome  of  them,  the  Plaintiff  or  Plaintiffs  fhall  be  inforced  to 
Plaint  ff  ihall  be  join  Iffuc,  and  the  faid  Iffue  be  found  for  the  Defendant,  or  the  Plaintiff  fhall  be 
su-tf  frth^''  Non-fuited  ;  tlie  Plaintiff  fliall  be  clearly  barred  from  the  faid  Adion,  and  all 
fame.  Other  Suits  concerning  the  fame. 

^"^^  Aaions  for  VIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  in  all  Ac- 
if  Dimjges  under  tions  upon  the  Cafe  for  flanderous  Words,  to  be  fued  or  profecuted  by  any  Per  i 
rftAaHha''e'''"  ^°"  ^'^  ^^^^  General  or  Precind  Courts  of  this  Government,  after  the  Ratification 
more  Cofis  than  of  tfiis  Ad,  if  the  Jury,  upon  the  Tryal  of  the  Iffue  in  fuch  Adion,  or  the  Jury 
Damages.  j.|-j^j  £j^^jj  ji^qyij-g  of  the  Damages,  do  find  or  affefs  the  Damages  under  Forty 

Shillings  ;  then  the  Plaintiff  or  Plaintiffs  in  fuch  Action,  fhall  have  and  recover 
,  only  fo  much  Cofts  as  Damages  fo  given  or  affeffed  fliall  amount  unto,  without 

any  further  Increafe  of  the  fame :  Any  Law,  Statute,  Ufage,  or  Cuftom  to  the 

contrary,  in  any-wife,  notwithftanding. 


IX.  P  RO  VID  E  D  never  thelefs,  and  be  it  further  Eriarnd,  That  if  any  Per- 
Age^"&c"  may  fo^i  Or  Perfons  that  is  or  fliall  be  intitled  to  any  fuch  Adions  of  Trefpafs,  De- 
bring .'tHits  witii-  tinue,  Adions  fur  Trover,  Replevin,  Adions  of  Accompt,  and  upon  the  Cafe, 
Adions  of  Debt  for  Arrearages  of  Rent,  Adions  of  Affault,    Menace,  Battery, 
Wounding,    and  Imprifonment,  Adions  of  Trefpafs  ^iare  Claufum  fregit.  Ac- 
tions 


L    A     IV    S      o/"     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


tions  upon  the  Cafe  for  ilanderous  Words,  be,  or  ihali  be  at  tiie  lime  or  any    (^^^J^^^^l^ 
fuch  Caufe  of  Aftion  given  or  accrued,  fallen  or  come  within  the  Age  ot  Tw'en-  before  limited, 
ty  One  Years,  Feme  Covert,  Non  compos  mentis^  imprifoncd,  or  beyond  the  Seas  v  ^J'^^II^'L™"" 
that  then  llich  Perfon  or  Pcrfons  fhall  be  at  Liberty  to  bring  the  fame  Atlions, 
fo  as  they  bring  the  fame  within  fuch  Times  as  are  before  limited,    alter  their 
coming  to  or  being  of  full  Age,  Difcovert,  of  found  Memory,  at  large,  or  re- 
turaed^from  beyond  the  Seas,  as  other  Perfons,    having  no  fuch  impediment. 


mighi  have  done. 


CHAP.     XXVIII. 

Feme  Coverts  bow  to  pafs  Lands. 

I.  "C  T  T  H  E  R  E  A  S  the  legal  Way  of  pafTing  Lands  where  the  Eflate  is  in  a  prcamWc. 

Y  Y  Feme  Covert,  is  by  Fine  and  Recovery  ;  and  it  having  been  formerly 
prafticable  in  this  Government,  (Fines  and  Recoveries  not  being  in  Ufe  here,) 
that  Sales  have  been  made  by  the  Hufband  with  the  Wife's  Confent,  and  fome- 
times  by  Sales  from  them  both,  and  acknowledged  in  Court,  the  Wife  being  firft 
privately  examined  by  the  Court,  whether  Ihe  acknowledged  the  fame  freely : 

II.  B  E  il  EtiaTied,  by  his  Excellency  ihe  Palatine,  and  the  reft  of  ihe  irue  and  ah  Sales  hereto- 
ahfolute  Lords  Prcprielors  cf  the  Proi-ir.ce  of  Carolina,  by  and  with  ihe  Advice  HiObrnJ,''  with 
and  Confent  cf  the  reft  of  the  Members  cf  the  General  JJfembly,  now  met  at  Little  kite's  confent. 
River,  for  the  North-Eaft  Part  of  the  faid  Province^  and  it  is  hereby  Enacted^  by  ©■<■/ or ''which' 
the  Authority  of  the  fame.  That  all  fuch  Sales  which  have  at  any  Time  heretofore  hereafter  ftiaiUe 
been  made  in  Manner  and  Form  aforefaid,  or  which  hereafter  fhall  be  made  by  kn.wUdged  be- 
the  Huiband  and  Wife,  and  acknowledged  before  the  Chief  luilice,  or  in  the  ^"'°.  ^^^  M'^> 

*J  ^  •^  or    I n    "rcc. net 

Court  of  the  Precinct  where  the  Land  lieth,  the  Wife  having  been  firlt  privately  court,  th  •  w.fe 
examined,  before  the  Chief  Juflice  or  one  of  the  afibciate  Judges,  or  by  fome  thiTlmeTaiite 
Member  appointed  by  the  Court  of  ihe  Precind;,  whether  Ihe  acknowledgeth  the  valid,  as if^ done 
fame  freely,  fhail  be  good  and  effectual  againll  the  Hulband  and  Wife,  and  their  aly^other  wjy!' 
and  every  of  their  lieirs  and  Affigns,  and  againft  all  other  Perfons  claiming  by, 
irom,  or  under  them,  or  any  of  them,  anel  that  to  all  Intents  and  Purpofcs,  as 
if  the  fame  had  been  done  by  Fine  and  Recovery,    or  by  any  other  Way  or 
Means  whatfoever. 

III.  P RO FID  E D  always,  and  it  is  hereby  meant  and  intended.  That  no-  Not  to  be  «on. 
thing  in  this  Act  contained,  fliall  be  conftrued  or  meant  to  give  any  Power  or  inuUs  hereaftcrT 
Authority  hereafter  ior  cutting  off  intailed  Lanels  :  Any  Thing  herein  before  con- 
tained to  the  contrary,  in  any-wife,  notwithfcanding. 


CHAP.     XXIX. 

An  A£i,  for  preventing  Difputes  concerning  Lands  already  Surveyed. 

I.  TT  7  HE  RE  AS  Difputes  do  frequently  aiife  concerning  Lands  already  Preambk, 

VV  Surveyed  and  Patented,  to  the  great  Charge  and  Vexation  of  many 
People  holding  and  enjoying  thofe  Lands :  For  Prevention  whereof  for  the  fu- 
ture, and  for  fettling  fuch  Differences  as  may  hereafter  arifej 

C  n.  BE 


JO  L  A   IV   S     (5/     North-Carolina. 

A.  D.    lyiv 

'***^  11.  B  E  it  Enacted,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 

ahfolute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice  and 
Confent  of  the  reft  of  the  Members  of  the  General  Affembly,  new  met  at  Little  Ri- 
ver, for  the  North-Eaft  Part  of  the  faid  Province,  and  by  the  Authority  of  the 

,    ,     ,     -       fame,  it  is  hereby  Enacted  and  Declared,  That  all  Surveys  already  made,  and  Pa- 

i.anns   already       J  '  -^  i-/^  i-ij  t/^ 

furveyed,  &  Pa-  tcnts  granted,  within  this  Government,  by  all  and  every  preceeding  Governors, 

f!rmef  Gover^^  Dcputy-Govemors,  or  Prefidents,  are  hereby  declared  to  be  good  and  valid,  to 

nors,  &c.  good  all  Intcnts  and  Purpofes  whatfoevcr ;  any  pretended  Defecls  or  Infufficiency  in  the 

and  valid.  Powers  or  Authorities  for  fo  doing  to  the  contrary,  in  any-wife,  notwithftanding  : 

Patents  to  be  And  that  Patcnts  may  and  ought  to  be  granted  on  all  and  every  the  aforefaid 

granted  on  the  Survcys  for  which  Patents  are  not  already  granted  •,  thofe  lying  within  the  con- 

arveys.  ji-Qverted  Bounds  only  excepted. 

He  that  will  jjj_  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Perfoa 

%L  ZiTgi^I"'  whatfocver  fliall  take  up  any  Marlli,  Swamp,  or  funken  Lands,  but  fliall  firlt 

Ownf  'f'he  give  Notice,    in  Writing,    to  the  Owner  of  the  Land  adjoining:    After  Notice 

Land  adjoining,  delivered  in'  Writing,    before  Evidence,   fuch  Perfon  or  Perfons  fhall  have  Six 

andifhenegieas  ]y[Qnths  Time  to  refolve  whether  he  will  take  up  the  fame  or  no-,  and  in  Cafe  he 

to  take   It  up  in    '•'■i'^"'-"-'    j.  ii«»^   <-  ,  r  •  i     >-        n /r         i  i  -tir  r 

6  Months,  the  fhall  not,  before  the  End  ot  the  laid  Six  Months,  take  out  a  Warrant  to  iurvey 
TuchNotS' may.  f"ch  Matlh,  Swamp,  or  funken  Land,  as  fhall  be  contiguous  to  his  own  Land, 
then  the  firft  Perfon  who  gave  fuch  Notice  may  furvey  and  patent  the  fame. 

Land  maybe  re-       IV,  A N D  bc  it  further  Euactcd,  by  the  Authority  aforefaid.  That  if  any  Per- 

IheTaner'surJey  foH  ftiall  belicvc  that  there  is  contained  in  the  Survey  or  Patent  of  any  Perfon, 

doth  net  exceed  morc  Land  than  the  fame  Survey  or  Patent  mentions,  then,  and  in  fuch  Cafe, 

Ihan^TAcrrin  fuch  Pcrfon  may  employ  the  Surveyor-General,  or  his  Deputy,  to  re-furvey  fuch 

the  Hundred,  to  LgnJ  .^  and  if  it  fhall  appear  that  the  latter  Survey  doth  not  exceed  the  former 

by  more  than  Ten  Acres  in  the  Hundred,  fuch  fliall  not  be  deemed  any  Error, 

nor  the  Owner  of  fuch  Land  put  to  any  Charge  or  Trouble  in  re-furveying  or 

patenting  the  fame  ;  but  the  Party  employing  the  Surveyor  fliall  pay  all  Charges. 

Surveyor  to  go  by  V.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  in  all  Cafes 
Tu'^arB'unds'  of  Differences  where  any  Re-furvey  fliall  be  made,  the  Surveyor  Hiall  always 
or  courfes  and'  procccd  by  the  marked  Trees,  if  the  fame  can  be  found,  or  by  natural  Bounds, 
D.ftance.  .^-  ^^^  mentioned ;  and  if  there  be  not  marked  Trees,  then  he  fhall  follow  the 

Courfes  mentioned  in  the  Plat  or  Patent,  fo  as  the  Intention  of  the  Party  fiirft 
Re-furvey  con-  taking  up  may  be  obferved  as  near  as  may  be  :  And  if  it  fhall  happen  that  in  any 
^io^pTrCe7^.oT.  Re-furvey  there  fhall  be  more  Land  contained  above  the  Quantity  mentioned, 
ner  may  take  bcfides  Ten  in  the  Hundred  before  mentioned  in  this  Aft,  it  fhall  be  in  the  Choice 
ft" ir'wheleTe  of  the  Owncr  of  the  Land  to  take  the  fame,  paying  the  Surveyor  his  Fee,  or  to 
pieafes,  leave  out  the  Overplus  in  fuch  Part  or  Place  as  he  pleafes  •,  and  then  the  whole 

Charge  to  be  born  and  paid  by  him  that  required  the  Survey. 

Patents  for  dc-       VI.  AND  bc  it  fwthcr  Euactcd,  by  the  Authority  aforefaid.  That  all  Surveys  or 

ceafed  Perfons     Patents  hereafter  to  be  made  or  granted  for  the  Land  or  Plantation  of  any  deceafed 

ihe"Nam°e  of^he  Pctfon,  tile  fame  fhall  be   made  and  granted  in  the  Name  of  the  Heir  at  Law, 

nlb-ea  tt'oJwf^  which  neverthelefs  fhall  not  bar  any  that  have  Title  thereto  by  Dower  or  Courtefy, 

V!    t"   "wer  ^^  ^^  ^^^  ^-W  of  the  deceafed  PofTeffor  •,    but  that  every  Title  or  Claim  fhall 

fband  good  and  valid  in  Law,  as  they  might  or  ought  to  have  done  if  the  deceafed 

PolTeffor  had,  in  his  Life  time,  furveyed  and  taken  out  a  Patent  for  the  fame  in 

his  own  Name. 


CHAP. 


L  A   I'V  S     c/'    North-Carolina.  ii 

fa»  ■■  ■•  ■■■■!■■  ■— Ml  ■      ■  I.  ■     ■      I.,    ■         l-l    ■         ■  I        ■      I.     —  .  I    .  ■■  I     ll«  ■.  ..■     ■■  ■    ,,. 

A,  D.    1715. 

CHAP.    XXX.  ""^      ' 

An  Act  J  concerning  Efcheat  La?ids,  and  Efcheators. 

I.  "TA  O  R  the  better  fecuring  and  quieting  her  Majefty's  Subjects  of  this  Pro- 
J/    vince  in  the  PoffelTion  of  their  Lands,  We  pray  that  it  may  be  Enafted, 
And  be  it  Enacted,    by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
abfolute  Lords  Proprietors  of  CaroHna,  by  and  isjith  the  Advice  and  Confent  of  the 
reft  of  the  Members  of  the  General  Affembly,   now  met  at  Little  River,  for  the 
North-Eaft  Tart  of  the  faid  Province,  and  it  is  hereby  Enacted,  by  the  Authority 
of  the  fame.  That  if  any  Ferfon  is  or  fhall  be  in  PoffelTion,  by  himfelf,  Guardian,  P^fons  in  Pof- 
or  Tenant,  of  any  Lands,  by  Purchafe,  Defcent,  or  Laft  W  ill  and  Teftament,  ^^^f^.'tlt 
that  do  or  ihall  efcheate  to  the  Lords  Proprietors,  fuch  Poffeffor  Ihall  be  firft  ad-  ""■'«:<'  "^  "'■''''- 
mitted  to  inform  and  petition  the  Governor,   Deputy-Governor,  Prefident,  or  Efthelt! 
Commander  in  Chief  for  the  Time  being,  for  a  W'  rit  of  Efcheat,  to  be  directed 
to  the  Efcheator-Gcneral,  or  his  Deputy,  to  enquire  whether  the  faid  Land  doth 
efcheat ;  and  if  the  fame  Ihall  be  found,  upon  Inquifition  duly  taken,  to  efcheat,  ^Y^^^  ^"p^^ef" 
the  aforefaid  PoffeiPjr,  and  no  other  Perfon,  lliall  have  a  Patent  for  the  fame,  LrwhaveaPal 
pavino;  after  the  Rate  of  Two  Pence  an  Acre  for  the  Compofition  thereof,  and  no  tent  f.r  the  fame, 

r    /       D  -  r  psyng   2</.     per 

more,  be  there  Improvements  more  or  leis.  Acre, 

II.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Per-  Efcheat  L:inds  to 
fon  feized  of  Land  in  Fee-Simple,  fhall  happen  to  die  without  Heir,  or  making  ^^  '^^  ^""'^  ' 
any  Difpofition  thereof  by  Will,  whereby  the  f^id  Lands  do  efcheat  to  the  Lords 
Proprietors,  then  they  fhall  be  granted,  after  the  faid  Manner,  and  after  the  fame 
Compofition,  to  the  Widow,  or  Widower,   and  if  there  be  none  fuch,  then  to 

the  Father,  and  if  there  be  none  fuch,  then  to  the  Mother,  and  if  there  be  none 
fuch,  then  to  the  eldeft  Brother  of  the  halt  Blood,  and  if  there  be  none  fuch, 
then  to  the  Sifter  or  Sifters  of  the  halt  Blood,  and  if  there  be  none  fuch,  then  to 
the  neareft  of  Kin  to  the  Party  deceafed,  and  if  there  be  no  Kindred,  then  to  any 
Perfon  who  fliall  iirft  inform  and  petition  for  the  fame. 

III.  P  ROV  ID  ED  always,  and  it  is  further  Enacted,  by  the  Authority  afore-  PcrfonsinPrfTef- 
faid.  That  if  any  Perfon  that  is  or  ihall  be  in  Poffeffion  of  any  Land  in  Manner  Lands'^'^  neg"ft- 
aforefaid,  by  Defcent,  Purchafe,   or  Laft  Will  and  Teftament,  that  do  or  fliall  ing  to  petition  for 
efcheat ;  or  any  Perfon  that  fhall  have  Right  to  inform  and  petition  for  Efcheat  Not,ce'"given,  ^ 
Lands  in  any  of  the  before  recited  Cafes,  fliall  happen,  through  Ignorance,  to  P'^r'"""'  g-^'ne 

^        J  '  ^    1.  i.  ^       '  00  fuch  Notice  may 

omit  the  fame  ;  that  tlien  it  fliall  and  may  be  lawful  tor  any  other  Perfon  to  give  have  the  fame. 
him  Notice  thereof,  in  the  Prefence  of  Two  credible  Witnelles  at  the  leaft  ;  and 
if  he  fliall  negleft  to  inform  and  petition  for  the  fame,  in  Manner  aforefaid,  to 
the  Second  General  Court  that  fhall  happen  after  fuch  Notice  given,  then  the  Per- 
fon giving  Notice  as  aforefaid,  fliall  have  the  fame  Lands,  paying  the  Compofi- 
tion as  atorcfaid. 

IV.  A  N  D  to  the  End,  that  neither  the  Lords  Proprietors,  nor  any  of  the  In-  ^[f'^^^ll^^T'' 
habitants  of  this  Province,  may  receive  Damage  for  Want  of  an  Efcheator  •,  Be  pointed. 

it  Enacted,  by  the  Authority  aforefaid.  That  as  often  as  it  fhall  happen  that  no 
Perfon  is  appointed  Efcheater-General  by  the  Lords  Proprietors,  fome  Perfon,  of 
known  Ability  and  Integrity,  Ihall  be  commiffionated  Efcheator-General  by  the 
Governor,  Deputy-Governor,  Prefident,  or  Commander  in  Chief  for  the  Time 
being,  by  and  with  the  Advice  and  Confent  of  Three  or  more  of  the  Lords  Pro- 
prietors Deputies,  with  Power  to  commiflionate  one  or  more  Deputy  or  Deputies  -,  inquifitions  tak- 
and  all  Inquifitions  that  fliall  be  taken  as  Efcheator  not  commiffionated  as  afore-  Efcheator,  voia. 
feid,  or  Without  a  Writ  of  Efcheat  firft  obtained,  fuch  Inquifition  fliall  be  null 
and  void,  to  all  Intents  and  Purpofes. 

V.  AND 


12  L  A   ^F  S     o/"    North-Carolina. 

A.  D.      1-15. 

EfcCX^e       V-  AND  be  it  further  Enacted^  That  the  Efcheator-General,  or  his  Deputy- 
Notice  30  Days  or  Deputies,  before  he  or  they  fliall  execute  any  Writ  of  Efcheat,  fhall  give  pub- 
any^WntTundc!  lic  Notice  Thirty  Days  before,  by  fetting  up  a  Note  at  the  Court-houfe  Door  of 
Penalty  of  so  1.    ^ht  Precind  where  the  Land  fhall  lie,  of  the  Time  when  he  will  execute  the  laid 
Writ,  to  the  End  that  all  Peribns  concerned  may  have  Knowledge  thereof ;  upon 
the  Penalty  of  Fifty  Pounds,  to  be  paid  to  the  Party  grieved ;  to  be  recovered, 
by  Adlion  of  Debt,  in  the  General  Court  of  this  Government ;  wherein  no  Ef- 
inquifitions  to  be  foign  or  Wager  of  Law  fhall  be  allowed  :  And  all  Inquiiirions  fliall  be  taken 
in'courr'''"'''''  openly  and  publickly  in  the  Court-houfe  of  the  Precinct  or  County  where  the 
Land  to  be  inquired  after  fhall  lie,  by  the  mofl  ancient  indifferent  Freeholders  of 
Evidence  to  be    the  fame  Precinft  and  County.     And  the  Efcheator-General,  and  every  of  his 
given  in  Prcfence  Dcputies,  fhall  fuffer  cvery  Perfon  to  give  Evidence  openly  in  their  Prefence  to 
der  Penalty' of    the  Jury,  upon  fuch  Inquifitions  as  fnall  be  taken  before  him  or  any  of  them, 
5°^-  upon  the  like  Penalty  of  Fifty  Pounds,  to  the  Perfon  fo  grieved  ;  to  be  recovered 

Inquifitions  to  be  in  Manner  aforcfaid  :  And  all  fuch  Inquifitions  fhall  be  returned  into  the  Secre- 
Sec"retarj"s Office  taty's  OfHce  within  Twenty  Days,  at  farthefl,  after  tliey  are  taken  ;  and  if  no 
within  zo  Days.  Perfon  fhall  prove  himfelf  Heir  to  fuch  Land  as  have  been  found  to  efcheat  in 
Manner  aforefaid,  or  any  Time  in  Seven  Years  after  the  Date  of  the  faid  Inqui- 
ing'^i^"; ''veTr s,  fition,  fuch  Pctfon,  and  his  Heirs,  are  and  fhall  be  tor  ever  barred  and  excluded 
barred  for  ever,    {xoxw  having  or  fuing  for  the  faid  Lands. 


CHAP.     XXXL 

st«ut«  inforc'd  An  AB,  for  the  ?nore  eff'eSfual  ohferving   of  the  ^eeri  s  Teace^  and  EJIa- 
b"y  Aa,'o?'?.'"i'6,'     bUJJ:ing  a  good  and  lafiing  Foundation  of  Goieniment  in  North-Carolina. 

1749,  Chap   I. 


CHAP.   xxxn. 

Rep.  byNaviga-  Au  A6f ,  foF  fettUfig  and  maintaining  'PHots  at  Roanoke  and  Ocacock 


tion  Afl,  March 
6,  1738,  Ch.  4. 


Inlets. 


CHAP.     XXXIII. 


An  ASf,  fo  regulate  di-oers  Abufes  in  the  taking  up  of  Lands,  and  to  af 
certain  the  Method  to  be  obferved,  from  henceforth,  in  taking  up  and 
Surveying  La?ids. 

PrMmbie.  I.  TTTHEREASof  late  Years,  great  Inconveniences  have  arifen  by  Mean? 

VV  ^f  ^^^  irregular  Proceedings  and  Methods  obferved  in  entering  and  tak- 
ing up  Land,  and  by  fome  Perfons  holding  or  pretending  Right  to  large  Trafts 
of  Land  ;  to  the  great  Difcouragement  of  Strangers  coming  in  to  inhabit  among 
us,  and  to  the  great  weakning  of  Places  already  fettled  and  inhabited,  as  well  as 
to  the  great  Lofs  and  Prejudice  of  the  Lords  Proprietors :  For  Prevention  whereof 
for  the  future,  and  for  the  better  regulating  the  Method  of  taking  up  Lands  in 
Time  to  come> 


II.  BE 


LA   iV  S     of    North-Carolin 


13 


^.  D.    i: 


a. 


Metfi'd  tn  he 


II.  Be  it  EnaHed^  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
hfolute  Lords  Proprietors  of  Carolina,  by  and  "jjith  the  Advice  and  Confent  of 
this  prefent  General  Affcmbly^  now  met  at  Little  River,  for  the  North- ;i,alt  Part 
of  the  faid  Province^  and  it  is  hereby  Enabled  by  the  Authority  of  the  farm.  That 
from  and  after  the  Firll  Day  of  January  ntxt  cnfuing  the  Date  hereof,  no  Sur- 
veyor-General, nor  Deputy  Surveyor,  fh.:ll  enter  any  Land  for  any  Jrtrfon  after  o ierv'd  'n  uk- 
the  Manner  as  has  been  of  late  Years  obferved  •,  but  that  aL  Perfons  whatfoever  tc^"''  Undl"'' 
that  fhall,  from  thencetorward,  be  minded  to  take  up  any  Lands  in  this  ( .ov.rn- 
ment,  fhall,  before  he  lays  Claim  thereto,  take  a  Warrant  irom  the  Secretary's 
Office,  direfted  to  the  Surveyor-General,  or  Deputy,  as  ufual,  mentionino-  the 
Quantity  of  Land  by  them  intended  to  be  taken  up  •,  which  Warr.int  he  Ihall  de- 
liver to  the  faid  Surveyor-General,  or  his  Deputy,  together  with  an  Account 
where  the  Land  lies  which  he  intends  to  take  up  by  that  Warrant,  which  the 
Surveyor  fhall  indorfe  upon  the  Back  of  the  faid  Warrant,  together  with  the 
Time  of  his  Receipt  thereof,  and  give  a  Copy  of  the  faid  Indorfement  to  the  fiid 
Perfon  -,  for  which  it  ihall  be  lawful  for  him  to  demand  and  receive  the  ufual  Fee 
of  Entry  and  Copy -,  and  ihall,  within  Eight  Months  next  aft^r  fuch  Receipt, 
furvey  and  make  Return  ot  the  faid  Land,  with  the  Warrant,  as  is  ufual,  unlefs 
he  fhall  give  fufficient  Reafon,  upon  his  Oath,  for  not  doing  the  fame;  provided 
always,  that  he  hath  no  Warrant  before  lodged  in  his  Hands  for  the  fame  Land ; 
and  provided  alfo,  that  if  Cccafion  be,  the  Surveyor  fliall  be  impowered  to  hire 
Chain-Carriers  and  Markers  for  his  AfTiilance  in  laying  out  of  any  Lands,  and 
Ihall  charge  the  fame  to  the  Owner  of  fuch  Land. 


'O"- 


III.  AND  be  it  further  Enabled,   by  the  Authority  af ore  faid.  That  the  Survey-  Lmd?  lying  o« 
or-General,    and  his  Deputy,    fliall  obferve,  in  furveying  and  laying  out  of  all  how"o'b?fur! 
Lands  to  be  taken  up  from  henceforward,  that  lies  on  a  navigable  River  or  Creek,  ^^y^'^' 

that  he  fhall  run  a  lull  Mile  on  a  dired  Courfe  into  the  Vv  oods,  and  each  oppo- 
fite  Line  fhall  run  parallel  with  the  other,  if  it  can  be  admitted,  for  other  Peo- 
ples Lines,    or  Rivers  or  Creeks;    and  for  all  Lands  taken  up  wholly  in  the  inntheWonds, 
Woods,  the  Survey  fhall  be  upon  a  Square,  if  it  can  be  admitted,  as  aforefaid.  Tuare'''*  '""' 

IV.  AND  be  it  further  Enaofedy  by  the  Authority  aforefaid.  That  no  Surveyor,  Surveyor  not  to 
or  Deputy-Surveyor,  from  and  after  the  lime  aforefaid,'  fhall  furvey  or  lay  out  e lo" AcTcr ''''" 


in  one 


more  than  Six  Hundred  and  forty  Acres  of  Land  in  one  1  ra6t,  nor  fhall  furvey  '^'^^'  "''''  '^o 
or  lay  out  Two  fevend  Trafts  of  Land  for  any  one  Perfon  within  1  wo  Miles,  at  p"S  %hm 
leafl,  of  each  other ;  unlefs  by  particular  Warrant  from  the  Lords  Proprietors  for  '"""  ^''"• 
that  Purpofe. 

V.  AND  be  it  further  EnaMed,  by  the  Authority  aforefaid.  That  any  Sur-  Surveyor  laying 
veyor,  or  Deputy  Surveyor,  that  fhall  prcfume  to  furvey  or  lay  out  any  Lands  u'IrywdiisAdt; 
contrary  to  the  Direftions,  Purport,  and  Meaning  of  this  Aft,  fhall,  for  every  w'-'^it  loi.  ' 
Offence,  forfeit  and  pay  the  Sum  of  Ten  Pounds  ;  one  Half  to  the  rublic  Trea- 

fury,  and  the  other  Half  to  him  or  them  that  fhall  fue  for  the  fame  :  To  be  re- 
covered in  the  General  Court  of  this  Province  ;  wherein  no  EfToign,  Proteftion, 
or  Wager  of  Law,  fhall  be  allowed. 

VI.  AND  forafmuch  as  the  Lords  Proprietors  do  fuflain  great  Damages,  and 
the  Country  in  general  lies  unfttled,  by  Reafon  of  many  Perfons  hokling  or 
pretending  Right  to  large  I'rads  of  Land  in  this  Government,  without'^any 
other  Title  thereto  than  a  bare  Entry  or  Survt  y  :  Be  it  EnatJed,  bv  the  Authority 
aforefaid.  That  all  or  any  Perfon  or  i\Tfons  whatfoever,  who  do  now  hold  or  L;n1"v"ii'"p;!;! 
pretend  any  Right  to  any  Lands  within  this  Government,  by  Virtue  of  any  Sur-  cinf-Momy 
vey  or  Purchafe,  as  aforefaid,  made  before  the  Fourteenth  Day  of  April  laft  pafl,  ^id"^ ''' 
and  do  not  pay,  or  fecure  to  be  paid,  the  Purchafe- Money  thereof  to  the  Lords  ^ 

1^  Propri- 


Patent 


H 


LA   IV   S     of    North  -  Carolina, 


yl.  D.   171,-. 


ir'roprietors  Receiver-General,  on  or  beiore  the  Twenty  Fifth  Day  of  December 
next,  purfuant  to  an  Order  of  Council,  dated  the  aforefliid  Fourteenth  Day  of 
Apnl,  it  Ihall  and  may  be  lawful  tor  any  Perfon  or  Perfons  to  enter  on  the  lame 
Lands,  and  have  Patents  therefor  upon  the  old  Surveys  ;  provided  he  or  tht  y  fo 
entering,  fhall  pay,  or  fecure  to  be  paid,  to  the  faid  Receiver-General,  the  rur- 
chaf.--Money  and  Quit^Rents  which  fhould  have  been  paid  by  the  Perfon  thac 
ilidll  fo  lupfe  the  fame,  and  aifo  the  Sum  ot  Ten  Shillings  to  the  Surveyor-Gene- 
ral, for  Altering  the  Certificate ;  which  Patent,  when  fo  obtained,  fliall  be  deemed 
and  adjudged  good  and  valid,  to  all  Intents  and  Purpofes  •,  any  Law,  Cuftom, 
or  t/fagc, .  to  the  contrary,    notwithftanding :    And  further,  all  Perfons  that  do 
pretend  any  Right  to  any  Lands  taken  up  on  Pretence  of  Purchafe,  as  aforefaid, 
fince' the  Fourteenth  Day  of  yi'pr;/ ;  or  that  fhall,  from  henceforward,  take  up 
311  not  be  paid  and  jliryey.any  Lands  ,on  Pretence  of  Purchafe,  and  do  not  pay,  or  fecure  to  be 
.thin  6  Months,  paid,  •  the  Purchafe-Mohey  thereof  to  the  Receiver-General  for  the  Time  being, 
ny  other  Perfon  wltliin  Six  Months  alter  the  Date  of  fuch  Survey,  fuch  Perfon  or  Perfons  fhall 
"me"'"'"^  '*"-■  forfeit  their  ^Right  thereto;  and  it  fliall  and  may  be  lawful   for  any  other  Perfon 
or  Perfons  tp  take  out  a  Warrant  ior  fuch  Lands,  and  proceed  thereon  as  is  be- 
fore directed  in  this  Act,  for  taking  up  vacant  Lands. 


Lands   t-.ikcn  up 
fince   /Ipril    14, 
f<  r   which    the 
Purchafi--M"ncy 
fliall  not    be  pjid 

Wl 

f( 
ny 


No  Perfon,  after 
Jan.  I,  to  fell 
his  Right  to  Land 


Yll.'JN.D  be  it  further  Ena5led^  by  the  Authority  aforefaid^  That  from  and 
hrRi^htt^Lntd  ^^^'^^  the"  aforefaid  Firft  Day  of  January  next,  no  Perfon  fhall  fell  or  alienate  his 
b  fore  Purch.f'-  Right  to ^  any  Land,  ■  Lintll  he  has  paid  the  Purchafe-Money  thereof,  and  has  ob- 
Patent  grintcd'."^  tained  a  Patent  and  Grant  for  the  fame  ;  but  fuch  Sale,  AlTignment,  or  Convey- 
ance, fhall  be  deemed,  conftrued,  and  taken,  to  be  invalid  and  of  none  EfFt6t : 
And  fuch  Land  fhall  be  free  and  clear  for  any  other  Perfon  to  take  up,  obferving 
the  Rules  in  this  Ad  before  fpecified  for  taking  up  vacant  Lands. 


Where     fuch 
Riaht  belongs  to 
Orphans,  unable 
to    patent     it. 
Guardian,      £ifi. 
may  fell  it. 


In  Cafe   of  Rc- 
fufa).    Orphans 
Courts  to    fell 
Aich  Right. 


VIII.  PROVIDED  always  neverthelefs.  That  where  the  Right  of  Land 
heretofore  furveyed  on  Pretence  of  Purchafe  aforefaid,  belongs  to  any  Orphan  or 
Orphans  that  are  not  able  or  capable  to  Patent  the  fame,  for  Want  of  Perfonal 
Eflate,  within  the  Time  before  limited  in  this  Ad:,  it  fhall  and  may  be  lawful 
for  the  Guardian  or  Guardians,  Truflee  or  Truftees  of  fuch  Orphan  or  Orphans, 
or  Adminillrator  of  the  Inteflate's  Eflate,  to  fdl  and  difpofe  ot  all  or  fuch  Part  of 
fuch  Right,  as  aforefaid,  by  Public  Sale,  to  the  befl  Advantage  they  can  for  the 
Inteftate's  Eflate  •,  any  Thing  in  the  faid  Aft  to  the  contrary,  notwithflanding : 
And  in  Cafe  any  Guardian,  Truflee,  or  Adminiflrator,  fhall  negleft  or  rcfufe  to 
make  Sale  of  fuch  Land  as  aforefaid,  within  Six  Months,  the  Orphans  Courts 
are  hereby  impowered  and  required  to  call  fuch  Guardian,  Truflee,  or  Adminif- 
trator,  to  Account ;  and  if  they  cannot  find  Perfonal  Eflate  fufficient  in  their 
Hands  to  purchafe  fuch  Lands,  as  aforelaid,  then  they,  the  faid  Court,  fhall 
make  fuch  Sale,  and  to  fuch  Ufes  as  abovefaid. 

IX.  AND  whereas  many  of  the  prefent  Inhabitants  of  Bath  County,  by  Rea- 
fon  of  the  Calamities  befallen  them  during  the  late  Wars  with  the  Indians,  are 
rendered  incapable  of  making  prtfjnt  Payment  for  the  Purchafe  ot  fuch  Lands 
as  now  are,  or  have  been,  actually  held,  fettled,  and  improved  by  them,  and 
from  whence  they  have  been  lately  driven  by  the  Enemy  :  Be  it  Ena^ed,  that  a 

Inhabitants  of  furthir  Time  be  granted  to  fuch  Perfons  for  paying  the  Purchafe  of  fuch  Lands, 
5flri>Cuunty  ai-  ypon  giving  fuch  Sccurity  to  the  Lords  Proprietors  Receiver-General,  as  fhall  be 
Twie  to"%^y  by  him  approved  of,  within  Six  Months  after  the  Ratification  of  this  Adl:  Any 
Purchafe -Mon.y  xhing  herein  before  contained  to  the  contrary  thereof,    in  any-wife,    notwith- 

«P'  n  giving  Sc-    ^  P  4  '  J 

entity.  Itanding. 


CHAP. 


L  yi    IV.-  S     of-'-  N  o  R  r  U  -  C  A  R  O  L  1  N  A.  i  ^ 


A.   U.     ;7i5. 


.  C  H  A  p.     XXXIV. 

An  Aofj  for  Entring  jof  Vefjels,  ami  to  prrcejit  the  Exportation  of  Debtors, 

V,    - 

I.  X^  E  it  Enabled,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
I3  c.lfolute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with   the 
Jdvwe  and  Corifent  of  the  reft  of  the  Members  of  the  General  /iffembly  now  met  at 
Little  River,  for  the  Nortii-Eaft  Part  of  the  faid  Province.,  and  it  is  hereby  En- 
abled.,   by  the  Authority  of  the  fame.,    That  the  Mailer  of  every  Ship  or  Veflel  Mafter  nfve/ra 
coming  into  this  Government,  fliall,  within  Four  Days  next  after  his  Arrival,  IheNrva^offic.r" 
and   before  he  trade  or  land  any  Goods,  (living  Creatures  only  excepted,)  enter  withn4D.ys' 
into  Bond  in  the  Naval-Office,  with  one  fufficient  Freeholder  or  well  known  Mcr-   jooV^plnai'ty'" 
chant,    in  the  Sum  of  Five  Hundred  Pounds,  with  Condition,  That  the  faid  not  to  carry  any 
Mafter  fliall  not  carry  otf  any  Perfon  out  of  this  Province  without  a  Ticket  firft  couZywith'tt 
had  and  obtained  from  the  Naval-Officer,  and  figned  by  the  Governor  or  Com-  a  Ticket. 
mander  in  Chief  for  the  Time  being,  (ir'crfons  coming  into  this  Province  in  the 
lame  VelTel,  Women  whofe  Hufbands  are  refident  in  the  Country,  Perfons  un- 
der Age,.. 'and  Sailors  who  have  not  refided  in  the  Government  above  Two  Months,  ^"■^°"'  ='f"pte*'. 
cxceptec!,')"nor  fhall  depart  himfelf  without  Leave  •,  under  the  Penalty  of  Fitty  Nor  depart  him- 
Pounds  ;■  'One  Third  to  the  Lords  Proprietors,  One  Third  to  the  Governor  or  lJ^.J'""'"' 
Commander  in  Chief,  and  the  other  Third  to  the  Informer. 

II.  A  N  D  be  it  further  Ena£fed,  by  the  Authority  aforefaid.,  That  the  faid  Bond  ^n'^he'^N^mlTf 
fhall  be  taken  in  the  Name  of  the  Governor  or  Commander  in  Chief  for  the  th.  Governor," 
Time  being,  payable  to  himfelf,  his  Succeflbrs  or  Affigns,  but  fliall  be  to  the  on-  'p,,T'"f„J;;';d;'"' 
ly  Ufe  of,  and  in  Truft  for,  fuch  Perfon  or  Ferfons  as  fhall  appear  to  be  injured 

by  the  faid  Matter's  Non-Performance  of  tlie  Condition  above  exprefied  ;  and 
Ihall  be  afligned  to  any  Perfon  or  Perfons  {o  injured  petitioning  for  the  fame, 
who  fhall  and  may  maintain  an  A6lion  thereon. 

III.  P  RO  VID  E  D  always,  and  it  is  hereby  further  Enacted,  That  if  the  faid  Bond  not  fued  in 
Bond  or  Bonds  ffiall  not  be  fued  within  Two  Years  after  the  Date  thereof,  then  ^^'"'^^  void. 
the  fame  fliall  be  null  and  void  to  all  Intents  and  Furpofes  whatfoever,  as  if  the 

fame  had  never  been  made  •,  any  Thing  herein  before  contained  to  the  contrary 
notwitnftanding. 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Ticket  Ticktt  not  to  be 
fliall  hereafter  be  granted  to  any  Ferfon  intending  to  expert  his  or  hcrfelf  out  of  f-^y'^gten' for"" 
this  Government,  (except  as  before  excepted,)  until  fufficient  Security  be  firft  t'lymtnt  .f  tht 
given  to  the  Naval-Officer,  for  the  Payment  of  all  fuch  Debts  as  the  Party  fo  in-    ''"^ ' 
tending  to  depart  fliall  be  chargeable  with,  and  for  which  Actions  fliall  be  com- 
menced within  Four  Months  next  after  fuch  Security  given  •,  or  until  Certificate 

be  firft  made  to  the  Naval-Officer,  by  the  Clerk  of  the  Precin6t  Court  where  the  or  umii  c.rt:fi. 

Party  fliall  refide,  that  he  hath  publiflied  his  Intentions  to  depart  the  Government,  "tc  piodur-d 

by  affixing  a  Note  to  the  Court-houfe  Door,  publickly  to  be  read  by  all  Perfons,  S'ls  intention  w 

during  the  Sitting  and  Continuance  of  the  I'wo  Courts  next  preceeding  fuch  Cer-  '^'P"'- 
tificate,  without  being  under  written,  or  any  Demand  made  to  hinder  his  or  her 
Departure. 

V.  AND  be  it  further  Ena£led,  That  on  Default  of  fo  doing,  the  Naval-Offi-  Narai  Officer  not 

-  -^  ^  <^^  c-'TDpl'ine     With 

cer  fhall  be  habk  to  fatisfy  the  Creditors  of  all  fuch  Ptrfons  who  ffiall  depart  the  this  ka,  liable 
Government  by  Ticket  from  that  Office  -,  provided  Actions  for  the  fame  be  en-  D''btl'',/Aaons 
tred  within  Four  Months  after  the  Date  of  fuch  Ticket  fo  obtained  ;  without  Se-  brought  within  4 
curity  given,  or  Certificate  had  and  received  from  the  Clerk  of  fome  Precind  ^^''"'^'• 
Court,  as  before  mentioned. 

CHAP. 


i6  Lyi/VS    of    North-Caroliu  A. 


^   n 


CHAP.     XXXV. 


K^^Pgi^yAft,^.  ^n  ^cl^  for  raifing  a  Public  Magazine  of  Ammunition,  upon  the  T^onnagt 
Chap.'  10.  *  oj  all  Vejfels  trading  to  this  Government. 


CHAP.     XXXVI. 

u4n  A5l^  concerjiing  Roads  and  Ferries. 

I.  T3  E  it  Eno.^ted^  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and  ah~ 
fj  folute  Lords  Proprietors  of  Carolin.i,  by  and  vjith  the  Advice  and  Confent 
of  this  prefent  General  .iff embly^  now  met  at  Little  River,  for  the  North  Eaft  Part 
of  the  fa'd  Province^  and  by  the  Authority  of  the  fame,  it  is  hereby  Enacted^  That 
All  Roads   and  gH  Roads  and  Ftrri.s  in  this  Government,  already  laid  out  or  appointed,  by  Vir- 
laid'out  Ind'ao-  tuc  of  any  Ad  or  Ordinance  of  AlTembly  heretofore  made  or  declared,  or  by 
ri,d"^'f  ''''  u?'  ^^irtue  oi  any  Order  of  Court  grounded  thereon,  which  are  or  ought  to  be  now 
declared  Pubiic'  InUfe,  fhall  be,  and  are  hereby  declared  to  be  Public  Roads  and  Ferries :  And 
all  Pcrfons  whatfocvcr  that  ought,  or  which  have  been  accuftomed  or  ufed  to 
w^rk"on''R''id'''  work  on  any  fuch  Ro  ids  and  bridges,  which  have  been  made  and  laid  out  pur- 
toke.p  rhcfamt  fuant  to  any  r'  (ft  or  Ordinance  of  Allembly,  or  Order  of  Court  grounded  thereon, 
in  Repair.  ^^jj  continuc  to  work  on  the  fame,  or  to  keep  the  fame  in  Repair,  as  they  fhould 

or  ought  to  have  d.one,  by  Virtue  of  fuch  Aft  or  Ordinance  ot  AlTembly,  or  Or- 
der ot  Court  conformable  thereto. 

Prec-nft  Cm  ^^ '  ^  N  B  be  it  fuTther  Ena^ed,  by  the  Authority  aforefaid.  That  from  Time 

to  app.int  Fir-  to  Time,  and  at  all  Tim.s  hereafter,  the  Court  of  each  Frecincl  fhall  have  full 

Roads  to** be  hid  -t^owcr  and  Authority  to  appoint  and  fettle  Ferries,  and  to  order  the  laying  out 

cut.  new  Roads  where  Roads  are  not  already  appointed  or  ufed,  and  to  appoint  where 

Bndgrs  fhall  be  made,  for  the  Ufe  and  Eafe  of  the  Precin6t ;  fo  as  not  to  alter 

old  Roads,  to  the  x^rcjudice  of  any  Perfon,  without  the  Leave  and  Licenfe  of  fuch 

Perfon  had  and  obtained. 

Roads  to  be  laid       HI.  A  N  D  be  it  further  Enacted,   by  the  Authority  aforefaid.  That  all  Roads 

izMJn'oiloath*  hereafter  to  be  laid  out,  fliall  be  laid  out  by  a  Jury  of  Twelve  Men,  appointed 

by  the  Precin6t  Court  •,  which  Jury  fhall  firft  take  an  Oath,  to  lay  out  the  fame 

to  the  great^fb  Eafe  and  Convenicncy  of  the  Inhabitants,  and  as  little  as  may  be 

to  the  Prejudice  of  any  private  Man  :  And  the  Damages  which  Ihall  be  fuftained 

Dim^ges  fuftain-  by  any  private  Perfon  in  laying  out  fuch  Road,  fhall  be  afcertained  by  the  fame 

fuch'RoJd"l '  be'  Jury  who  iliall  lay  out  fuch  Road,  on  Oath  •,  to  be  equally  levied  and  colkdled, 

afce,tain:ibythe  j-jy  [he  Surveyor  of  fuch  Road,  on  the  Tithables  which  ought  to  work  on  the 

onTh.Tah'abTcs'!  fame,  and  by  him  paid  to  the  Party  injured. 

N.  p  rf..n  to  IV.  A ND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Per- 

fnTo  Miics"of''a  ^o"  or  Fcrfons,  after  the  Ratification  of  th'.s  Aft,  fhall  pretend  to  keep  any  Ferry, 
Public  vn-,   on  or  to  tranfport  any  Ferfon  or  Perfons,  or  their  Horfes  or  Cattle,  for  Pay,  within 
iT^Zr'^Um,  Ten  Miles  of  any  Ferry  which  is  already,  or  hereafter  fhall  be  appointed,^  fuch 
&c.  (0  ferried. '  Perfon  or  Pcrfons  fo  pretending  to  keep  Ferry,   or  tranfporting  any  Perfon  or 
Perfons,  or  tluir  Horfls  or  Cattle,  fhall  forfeit  and  pay  the  Sum  of  Ten  Shil- 
lings for  every  Man  or  Beall  fo  tranfported  or  ferried,  to  the  next  adjacent  Ferry- 
man :  To  be  recovered  by  Warrant  from  any  Juflice  of  the  Peace,  upon  lull 
Proof  thereof  made  before  him. 

Y.  PRO' 


L    A     IV    S      (?/"      N  O  R  T  H  -  C  A  R  O  L  I  N  A.  \J 

CIS    to 


■A,    .T.Pi 

nalty  of  lol. 


V.  P ROV ID  ED  always.  That  all  fuch  Perfons  who  fliall  hercaftrr  under-  fX^ 
take  to  keep  any  i'ubjic  tcny  by  Appointment,  and  do  not  provide  good  and  vr^'^''-^^'^   e'^od 
furficient  tJouts,  and  keep  the  Lme  in  good  and  futficient  Repair,  and  well  and  th^'fairirweu'^ 
fufficiently  attended,  tor  the  Faffage  of  all  Travellers,  fliall  iorixit  and  pay  Ten  -'"i'"^^ 
Pounds  tor  every  Negled  ;  one  ilait'to  the  Inlormer,  and  the  other  Halt"  tor  and  "*  ^" 
towards  the  contingent  C  harges  of  the  Government :  To  be  recovered,  by  Bill, 

Plaint,  or  Information,  in  the  General  Court  or  this  Province ;  wherein  no  Ef- 
foign,  Protettion,  or  Wager  of  Law,  fhall  be  allowed.  ' 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Public  b^cicar^""^'  't 
Roads  already  laid  out  or  now  in  Ufe,  or  which  hereafter  Ihali  be  laid  out,  fliall  w'.de';""' 

be  cleared  of  and  from  all  Trees  and  Krufh,  at  ieaft  Ten  Feet  wide,    and  fuch 

Limbs  of  Trees  as  may  incommode  Horfemen,  cut  away  ;  all  Bridges  or  Caufc-  Bridges andCn/- 

ways  made,  or  to  be  made  over  Swamps,  or  fmal!  Runs  of  Water,  the  Pieces  "■■^/^'  ''""^ '°  ^'^ 

wherewith  the  fame  fhall  be  made,  fliall  be  laid  acrofs  the  Road,  and  at  Ieaft  Ten 

Feet  long,  well  fecured  and  made  fail,  and  covered  with  Earth  ;  and  all  Bridges 

over  deep  and  navigable  Streams,  fhall  be  made  at  leail  Ten  Feet  wide,  with 

iufficient  and  ftrong  Pieces,  at  Ieaft  Tiiree  Inches  thick,    with  firm  and  flrong 

Pofts  and  Bearers,  well  fecured  and  faftened. 

VII.  AND  be  it  further  Enacted,  by  the  AHthGrity  aforefaid.  That  the  Pre-  prednft  Couru 
cind  Courts  fhall.  Annually,  appoint  Surveyors  of  the  Highways  or  Roads,  who  ^'^  ''pp  ''^'  sur. 
are,  by  this  Adl,  obliged  to  fummon  all  Male  Tithables  within  their  Divifions  to^a,mi^.i  t!! 
and  Limits,  or  fuch  as  have  been  ufed  and  accuflo.n'i^d  to  work  on  fuch  Roads  and  i^abics  to  w.  rk 
Bridges,  to  meet  at  a  Place  and  Time  to  be  appointed  fomctime  in  the  Months  of  °" 

Jpril -Axidi  September,  Yearly,  to  clear  all  Roads,  afi^  make,  clear,  and  repair  all 
Bridges,  within  their  Limits  or  Divifions  •,    and  alfo  at  any  other  Time  of  the 
Year,  if  Occafion  fliall  require  :  And  whofoever  fhall^  ,upon  fuch  Summons,  re-  p  rions  ncgi.a- 
fufe  or  ncgledt  to  appear,  or  to  do  and  perform  their -Parts  and  Duties  therein,  '"^  to  ^.pp^ar 
the  Surveyor  Ihall  caufe  them  to  be  fummoned  to  appear  before  the  next  Magif-  n.  f"f"t'5"s"'tor 
trate,  where,  if  he  or  they  cannot  fliew  a  reafonable  Caufe  for  his  or  thtir  De-  "^^^l  ^T^^' 
fault,  he  or  they  fhall  be  fined  Five  Shillings  for  every  Day's  Negled: ;  to  be  le-  pi  ed'  ;n  hiring 
vied,  by  Order  of  the  aforefaid  Magiftrate,  by  the  Surveyor,  and  laid  out  in  hiring  l^'ih'lVne^"^™ 
Men  in  the  Room  and  Stead  cf  thofe  n,egle6ling :  But  if  it  fliall  happen  that  thofe  inB:  Or  given  to 
Perfons  who  meet  in  Obedience  to  this  Ad,  fliall  perform'  the  whole  Work  that  SlSfwT.t" 
fliall  be  necclTary  to  be  done  at  that  Time,  then  all  the  Forfeitures  fhall  be  equally 
divided  among  tiiofc  who  liniflied  the  Work  as  aforefaid. 

VIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  where  the  Siirv^vnr,  with 
making  of  Bridges  or  Caufc^ways  fnall  not  be  judged  proper  to  be  performed  by  cmi^ln"*  °^m^ 
the  whole  Company  working  together,  it  fhall  and  may  be  lawful  for  the  Survey-  ^^'-'^e  w.th  p.r- 
or,  with  One  1  hii  d  of  the  Company  that  fliall  be  obliged  to  work  thereon,  to  a-  Br;dg-s°  TcL(- 
gree  with  any  Perfon  or  Perfons  for  performing  the  fame  -,  and  the  Surveyor  is  "ays,  andtoic- 
hereby  impowcred,  a'ter  the  Work  is  finiflied,  to  levy  the  fame  equally  and  in-  ^he  whoieTom- 
differently,  by  the  Poll, .  on  all  fuch  as  are  obliged  to  work  thereon,  and  to  make  P'^'y- 
Diflrefs,  in  Cafe  of  Refufal  or  Non-Pavment. 

IX.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Survey-  fT'^"''' .  "''s- 
ors  of  Roads  which  fliall  negled  or  reiufe  to  do  their  Duty  as  is  by  this  Ad  di-  ty,to"foifjt'4o"s. 
reded,  or  who  fliill  not  keep  the  Roads  and  Bridges  clear  and  in  Repair,,  or  let  f^revciyNcgieft. 
them  remain  uncleared  or  out  of  Repair,  after  Notice  given  thereof,  for  and  du- 
ring the  Space  of  I'en  Days,    unlets  hiiulered  by  bad  Weather,    fuch  Surveyor 

fliall  forfeit,  for  each  and  every  fuch  OfFv-nce,  the  Sum  of  Forty  Shillings,  over 
and  above  liich  Damages  as  may  be  fuftained  ;  One  Half  of  the  faid  Sum  to  be 
employed  towards  Repair  of  fuch  Road,  and  the  other  Half  to  him  or  them  that 

E  will 


i8  L  A   IV  S     0/     Norths-Carolina. 

^^■jf^  _'"'5-    will  fue  for  the  lame :  To  be  recovered,  by  Aftion  of  Debt,  Bill,  Plaint,  or  m- 
''~'        formation,  in  any  Court  of  Record  wltliin  this  Government  •,  v/herein  no  Effoign, 
Injundlion,  or  Wager  of  Law,  Ihall  be  allowed  or  admitted  of. 

ferrans«en,pt  d  X.  A  IS  B  hc  it  fuHhcr  Enacted,  by  the  Authority  afor^efaid^  That  no  Member 
from  working  on  of  the  Council,  or  Aflcmbly,  or  Juilice  of  Peace,-  Coroner,  Conftable,  or  Mi- 
nifter  of  the  Church  of  England,  fhall  be  compelled  to  work  oft  any  Roads  or 
Bridges;  neither  ihall  any  Freeholder  be  compelled  to  work  himfelf,  who  fhall 
fend  Three  Perfons,  in  one  Diftri6t,  to  work  on  any  Road  or  Bridge  :  Any  Thing 
contained  in  this  Ad  to  the  contrary,  in  any-wife,  notwithilanding. 


B 


CHAP.     XXXVII. 

An  A51,   to  encourage  the  Building  of  Mills. 

E  -it  Enacted,  by  his  Excellency  /Z'^  Palatine,  and  the  reft  of  the  true  and 
abfolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent 
of  the  reft  of  the  Members  of  the  General  Affembly,  now  met  at  Little  River,  for 
the  North-Eall  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by  the  Au- 
Surveyorftaiiiay  f^^^^^y  °f  ^-^^  fame.  That  if  any  Perfon  or  Perfons  fhall  be  defirous  to  build  a 
cut  2  Ams  for  a  Grift-Mill,  either  Wind-Mil)  or  Wattr-Mill,  v/ithin  this  Government,  it  fhall  be 
hlrrin'AcreTr  l^wful  for  thc  Surveyor-Gcncral,  or  his  Deputy,  by  a  Warrant  from  the  Precindt 
« w nd-Miii ;  to  Court,  to  lay  out,  for  fuch>Perfon  or  Perfons  fo  defiring  to  build  a  Mill,  Two 
the' own^r,'  for  Acres  of  Land  for  a  Wate?-Mill,  and  Half  an  Acre  for  a  Wind-Mill,  in  fuch 
the  c.nfidcrati-  Manner  as  tor  that  Ufe  fliail  be  moft  convenient,  upon  or  out  of  any  Man's 
Co'nveyaiKe.  ^  ^  Land  ;  which  faid  Land  fhall  be  appraifed  by  Four  honeft  Men  of  the  Neighbour- 
hood, appointed  by  the  Precind-  Court,    who  fhall  make  a  true  Return  of  their 
Appraifment,  upon  Oath,  to  the  fame  Prccind  Court ;   and   the  Owner  of  the 
faid  Land,  for  the  Confidcration-Money  by  the  faid  Appraifers  appointed,  fhall 
be  bound  to  make  a  Conveyance  of  fuch  Land  to  him  or  them  that  fhall  build 
fuch  Mill  Or  Mills,  their  Heirs  and  Affigns,   with  Liberty  of  Ingrefs,  Fgrefs, 
and  Regref?.,  to  and  from  the  fcimc,  under  this  Condition,  and  exprefs  Limitation 
On  condition      and  Provifion,  That  fuch  Perfon  or  Perfons  to  whom  the-  faid  Land  lliall  be  con- 
bu'id  TmiU  i!n  2  veyed,    do  ered,    build,    and  finifii,    on  the  Land  fo   conveyed,    a  fubftantial 
Years.  Working  Mill,  within  the  Term  of  Two  Years  after  the  Date  of  the  Convey- 

ance ;  otherwife  the  faid  Conveyance  to  be  void,  and  of  none  EfFed. 


0*ner  of  the 


II.  P  RO  FID  E  D  always.  That  the  Court  fhall  firft  give  the  Owner  of  the 
w^oLJe  the  Land  Notice  of  the  Motion  of  any  Perfon  to  build  a  Mill  on  his  Land  •,  and  if 
Preference.  j-^g  Owncr  will  give  Sccurity  to  build   a  fubftantiul  working  Mill  on  any  Part  of 

his  Land,  then  the  Motion  of  fuch  Perfon  or  Perfons  is  to  be  rejtded. 

No  Perfon- s  Or.       JH.  P  R  0  V I D  E  D  alfo.    That  in  the  laying  out  of   tlie  before-mentioned 
to^be  rrOur'dV"  Two  Acres,  or  hailf  Acre,  ne^Perfon's  Garden  or  Orchard  be  injured  thereby. 

Perfons  may  ufe       IV.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  whofoever 
adiTcent  Tands^  ^lall  build  fuch  Mjl'l  Or  Mills,  fhall  have  Liberty  to  make  Ufe  of  any  Timber 
fa'mc""  ^^'  '''^    for  that  Purpofe  on  any  Lands  adjacent,  making  full  Satisfadion  to  the  Owner 
thereof,  and  to  be  appraifed,  as  is  aforefaid. 

a:i  Mills  built  as       V,  ANT)  be  it  further  Enacted,  That  all  fuch  Mills  as  are  or  fliali  be  built  as 

itbiici'and'To'  aforefaid,  fliall  be  deemed  Public  Mills,  and  the  Owners  thereof,  or  fuch  as  ufe 

riniinTurnfor  afid  occupy  the  fame,  fhall  be  obliged,  as  foon  as  their  Turn  come  in  Courfe, 

'iP"f^'"5-         ^j.  ^  poffibly  they  can,  grind  Wheat  i^'cA  Indian  Corn  for  all  fuch  Perfons  as 

fliall 


^  :. 


L   A     PV    ^      c/'     N  O  R  T  H  -  C  A  R  O  L  I  N  A.  1 9 

fhall  require  the  fame,  and  fliall  take  Care  that  tlie  fame  be  forthcoming  again    "-■  ^:  '^is- 
to  the  Owner,  on  Demand,  (the  lawful  Toll  only  excepted,)  under  the  ir'enaity  ^' 

of  double  the  Value  ;  to  be  imniediately  levied  by  a  Warrant  from  the  next  Juf- 
tice  of  the  Peace,    and  paid  to  the  Party  injured  j    which  being  well  ground,  toU  i  sthof 
without  any  Fraud  or  Deceit,  they  fliall  not  have  or  eJcacl  any  larger  or  greater  W"eat,  &  1  eCi 
•To-11,  than  one  Eighth  Part  ot  VVheat,  and  one  Sixth  Part  oi  Indum  Hqxxx^  un- 
der the -Penalty  and  Forfeiture  of  Ten  Times  the  Value  oi~  the  "Wheat  or  Corn  fo  penalty  for  tak- 
brought  to  the  Mill ;  one  Half  to  the  Poor  of  the  Parilh,  and  the  other  Half  to  '"s  larger  Toil. 
him  or  them  that  fliall  fue  for  the  fame :  To  be  recoverdl,  by  Action  of  Debt, 
Bill,  Plaint,  or  Information,  in  the  Precinft  Court ;    wherein  no  Injundion,  or 
Wager  of  Law,  flaall  be  allowed  or  admitted  of. 


CHAP.     XXXVIII. 

An  A6l^  to  appoint  Puhlic  Regifters^  mid  to  direB  the  Method  to  he  oh- 
ferved  in  Cowoeyhig  Lands,  Goods,  and  Chattels ;  and  for  preventing 
fraudulent  Deeds  and  Mortgages. 

I.  T  "f  7  PI  E  R  E  A  S  His  Excellency  the  Palatine,  and  the  reft  of  the  true  and  Grant  from  Lords 

W     abfolute  Lords  Proprietors,  amongft  other  Privileges  and  Immunities,  P"'F^t;s, 
have  given  and  granted  to  this  their  Province,  to  choofe  Public  Regifters  t  In  lugifters," 
Purfuance  therefore  to  the  faid  Grant,  and  for  the  better  and  more  effcftual  Pre- 
vention of  fraudulent  DeedSj  Alienations,  and  Mortgages  -, 


to 


11.  B  E  it  EnaEled,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
fibfolute  Lords  Proprietors  of  the  Province  of  Carolinaj    by  and  with  the  Advice 
and  Confent  of  the  reft  of  the  Members  of  the  General  Affembly,  now  met  at  Little 
River,  for  the  North-Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by 
the  Authority  of  the  fame.  That  it  fliall  and  may  be  lawful  for  ail,  or  the  major  '^^''^  Fr«hn!<3- 
Part  of  the  Inhabitants  and  Freemen  of  each  Precind^  (who  are  qualified  to  vote  "^"^^  ^^"^  ''^' 
in  the  Eleftion  of  Burgefies,)  to  meet,  the  Firft  Day  o'l  April  next,  at  the  ufual 
■f  lace  for  Eleilion  of  Eurgtffes,  then  and  there,  by  a  Majority  of  Votes,  to  ekdl 
Three  Freeholders,  as  Candidates  for  the  faid  Office  i  of  which  faid  Candidates  fo  Provofv-M:;r(h,ii 
to  be  ele6ted,  the  Provoft-Marfhal  of  each  Precind,    or  his  Deputy,  (who  are  ^°  '^^'^^  ^^""^" 
liereby  required  to  attend  fuch  Elections-)  fhall,  within  Twenty  Days  after,  make  m ti^e'c-vefn^r" 
Return  to  the  Governor  or  Commander  in  Chief  for  the  Time  being,  under  the  ""^'■''' Pi-n^ity  «*" 
Penalty  of  Five  Pounds  for  every  fuch  Negled  ;    and  the  Governor  or  Com-  ^  " 
mander  in  Chief,  with  the  A.dvice  of  i\y&  Lords  Propriet^yrs  Deputies,  fhall  make  Governor  to 
Choice  of  one  of  fuch  Candidates  fo  elefted  as  aforefaid,  who,  being  commifiion-  o°'^""^|!""r  "  ■/• 
ed  under  the  Hand  and  Seal  of  the  Governor  or  Commander  in  Chief,  ihall  be  ter!      "^    ^' 
thereby  inverted  with  the  Office  of  Regifter  of  Deeds ;  and,  until  there  be  a  Clerk 
©f  the  Parifli  Church,  of  Births,  Burials,  and  Marriages. 

Til.  AND  be  it  further  E-actd,  by   the  Authority  aforefaid.  That  each  and  vMk  Reg!.a« 
trvery  Public  Regifter  fo  chofen  and  commiflloned,  fnall,  v/ithin  Three  Months  t"  gi«<^  Bond  in  3 
■after  he  fhall  enter  upon  his  Office,  give  Bond,  with  Two  good  and  fufficient  Se-  Poumis/oTfahh! 
curities,  to  his  Excellency  tlie  Palatine,  and  the  Lords  i/roprietorsy  iri  the  Sum  ^^^  offi^^"'"''  "^ 
of  One  Thoufand  Pounds,  for  the  faithful  "Difcharge  of  his  Of?ice -,  which  Bond  B^nd  tole  given 
fhall   be  given  before  the  Juftices  of  the  Precinft  whereof  the  Party  fhail  be  ap^  2''rea?fed"?a 
pointed  Regifter,  and  recorded  in  the  Office  of  the  faid  Court,  and  alfo^  in  tiie  I'r^nna  =nd  se- 
S&'GFetary's  Office,  and  the  Original  repofited  in  the  Hands  of  the  Governor  or  cer'^'  ^^' 
Commander  in  Chief:    And  whoever,    after  the  faid  Firft  Day  of  ApYil,  fhall  Original  to  be 
officiate  in  the  faid  Office  longer  than  Three  Months  without  giving  fitch  Seeu-  vemi!'' "'' ^'" 


20  LA   IV  S     of    'Nortu-Carolin  A. 

^.-  '^.'2/  ^^^y  ^^  aforefaid,  he  or  they  fo  offending,  fhall  iortlit  and  pay  the  Sum  of"  Twenty 
pt-nity  f .r  not  Pounds ;  otit  Half  to  the  Informer,  and  the  other  Half  to  the  Poor  of  the  Pa- 
giving  Bond.        j.j^  Qj.  jJrecind. 

ProTifo.  IV.  P  ROV  ID  ED  always^  That  every  Perfon  or  Perfons  who  now  aft  In 

the  aforefdid  Office  within  any  r'recintc  of  this  Government,  fhall  be  and  continue 
in  the  fame  until  fuch  Choice  fhall  be  made  and  confirmed  as  is  before  by  this 
Acl  dir<6ted ;  when  they,  and  every  of  them,  are  hereby  required  and  com- 
manded to  deliver  to  the  Public  Regiiler  of  their  Precin£t  fo  elefted  and  con- 
firmed, all  Papers  and  Records  which  fhall  be  in  their  Cuftody,  that  do,  of 
Right,  belong  and  appertain  to  the  faid  Office,  under  the  Penalty  of  Fifty  Pounds. 


; 


No  Conveyance  V.  AN D  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  no  Convey- 
M  mage,"-d!  ance  or  Bill  of  Sale  for  Lands,  (other  than  Mortgage,)  in  what  Manner  or  Form 
"n'^f-  rr''"''"'-  foever  drawn,  fhall  be  good  and  available  in  Law,  unlefs  the  fame  fhall  be  ac- 
/•/ftred  J.thfn'a  knowledged  by  the  Vendor,  or  proved  by  one  or  more  Evidences,  upon  Oath, 
M  nths.  either  before  the  Chief  Juftice  for  the  Time  being,  or  in  the  Court  ot  the  Pre- 

cinft  where  the  Land  lieth,  and  regiftred  by  the  Public  Regifta-  of  the  Precindb 
where  the  Land  licth,  within  Twelve  Months  after  the  Date  of  the  faid  Deed  ; 
fo'bc'vaiid?'"'"^  and  that  all  Deeds  fo  done  and  executed,  fhall  be  valid,  and  pafs  Eflates  in  Land,, 
or  F.  ight  to  other  Eftatj,  without  Livery  of  Seizin,  Atturnment,  or  other  Cere- 
mony in  the  Law  whatfoever. 

Deeds  already         VI.  P  RO  V T D  E  D  ultvays^  That  all  Deeds  or  Conveyances  of  Lands,  Te- 

abU'^'cmrKie'ra'  fements,  or  Hereditaments,  Goods  or  Chattels,  which  are  already  pafled,    and 

tions,  andregif.  rcgiftred.  Or  which  fhall  be  regifbred  within  one  Year  after  the  Ratification  of  this 

Year,"' declared    ^^■>  ^^^  which  a  good  and  valuable  Confideration  has  been  actually  and  bona  fide 

tooi.  paid,  fhall  be  good  and  available  in  Law  and  Equity,  to  Purchafers,  and  their 

Heirs,  ag.'.infl  the  Vendors,  and  their  Heirs,  and  all  others  claiming  by,  from, 

or  under  them,  in  as  full  and  ample  Manner,  to  all  Intents,  Conflruclions,  and 

Purpofe^j  as  if  fuch  Title  had  been  made  either  by  Fine,  Common  Recovery, 

Livery  of  Seifin,  Atturnment,  or  any  other  Ways  ufed  and  pracftifed  within  the 

Kino;eiom  of  Great-Britain. 


'O^ 


Ddeds modern  VII.  ANDbc  it  further  Enabled.,  by  the  Authority  aforefaid.,  That  all  Deeds 

pr  Wed  "as  before,  snd  Conveyanccs  of  Land  lying  v/ithin  this  Governmeni:,  made  in  Foreign  Parts, 

Chef  m'  ft'-,  e  ^'""'"^^  ^^'^"   ^^  remitted  hither,  and  proved  before  the  Chief  Juflice,  or  Court  of 

of  Piiy  c  <y,  ©"..  the  i  recind:  where  the  Land  heth,  in  Manner  as  before  direfted  •,  or  which  fliall 

an  ^p'.nwtio''^  ^^  perfonally  acknowledged  or  proved  before  the  Chief  Magiflrate  of  any  City, 

and  att.ftai  un-  Town,  or  Corporation,  within  the  King  oi  Great-Britain^ %  Dominions,    and  an 

s«il^'ard'*r'gir.  Attefl^tion  th.rtof  affixed  thereto  ;  or  which  fhall  be  acknowledged  or  proved 

tr-d  wrhin  a      beforc  thc  Governor  or  Commander  inChicf  of  any  his  Majefly's  Pkntations,  and 

i'vlild.'"^'""^  attefted  under  the  Public  Seal,  and  regiflred  in  the  aforefaid  Office  of  the  Precina 

where  the  Land  lieth,  within  one  Year  after  the  Arrival  of  fuch  Deeds  ;  fliall  be 

good  and  valid  in  Law,  to  all  Intents  and  Purpofes,  as  if  made  and  executed 

within  this  Government, 

VIII.  AND  for  the  avoiding  and  aboliihing  of  feigned,  covinous,  and  frau* 
dulent  Feoffments,  Gifts,  Grants,  Alienations,  Conveyances,  Bonds,  Suits,  Judg- 
ments, and  Executions,  as  well  of  Lands  and  Tenements,  as  of  Goods  and  Chat- 
tels, which  of  late  have  been,  and  ftill  are  elevifed  and  contrived,  of  Malice, 
Fraud,  Covin,  or  CoUufion,  to  the  End,  Purpofe,  and  Intent,  to  delay,  hinder, 
and  defraud  Creditors  and  others  of  their  jufb  and  lawful  Adions,  Debts,  and 
pfofrmcnts.Gifts  Accompts  i  //  is  hereby  further  EnaEled.,  That  all  and  every  Feoffment,  Gift, 
ftff,  made  for  Grant,  Alienation,  Bargain,  andConvey.mce  of  Lands,  Tenements,  Heredita- 
ments, Goods  and  Chattels,  or  of  any  of  them,  by  Writing,  or  orherwifej  and 

aU 


L  A   IV   S     o/North-Carolina.  21 


A 

D 

1715. 

w.. 

^-■ 

•  —J 

.r.y 

frpu, 

Jn'ent- 

Int: 

nt, 

flill  be 

a- 

d  1  n'v  ag;:;nft 

Xh 

P-if 

■'11  malc- 

ing 

the 

iame. 

all  and  every  Bond,  Suit,  Judgment,  and  Execution,  at  any  Time  had  or  made 
fince  the  Firft  Day  o^  January,  Anno  Domini  17 14,  or  at  any  Time  hercaiter  to 
be  had  or  made,  to  or  for  any  Intent  or  Turpofe  laft  before  declared  and  ex- 
preiTed,  fhall  be,  from  henceforward,  deemed  and  taken,  (only  as  againft  that 
Perfon  or  Perfons,  his  or  tiicir  Heirs,  Executors,  Adminiftrators,  and  Afilgn?, 
and  every  of  then'.,  whofe  Aftions,  Suits,  Debts,  Accompts,  Damages,  Penalties, 
and  Forfeitures,  fliall  rdeafe  by  fuch  covinous  or  fraudulent  Devices  and  Prac- 
tices, as  is  aforefiid,  or  fliall  or  might  be,  in  any-wif.-,  difturbed,  hindered,  de- 
layed, or  defrauded,)  to  be  clearly  and  utterly  void,  fruftratc,  and  of  no  Fffccl ; 
any  Pretence,  Colour,  feigned  Confideration,  exprcfling  of  Ufe,  or  any  Matter  or 
Thing  to  the  contrary,  notwithftanding. 

IX.  AN D  he  it  further  Ena£led,    by  the  Authority  aforefaid.    That  all  and  p.,rt;es  to  fuch 
every  the  Parties  to  fuch  feigned,    covinous,    or  fraudulent  Feoffments,    Gifts,  [Ht'fl^'ir.h^Va' 
Grants,  Alienations,  Bargain,  Conveyance,  Bonds,    Suits,   Judgments,  Executi-  lueth.reof. 
ens,  or  other  Things  before  expreiTed,  and  being  privy  and  knowing  of  the  fame, 
or  any  of  them,  which  at  any  Time  after  the  Firfl  Day  of  Augufi  next  coining, 
fliall,  wittingly  and  willingly,    put  in  Ufe,  maintain,    avow,   jullify,  or  defend 
the  lame,  or  any  of  them,  as  true,  fimple,  and  done,  had,  or  made  Icna  fide, 
and  upon  good  Confideration  ;  or  fliall  alien  or  affign  any  the"  Lands,  Tenements, 
Goods,  or  Things  before-mentioned,  to  him  or  them  conveyed,  as  is  aforefaid, 
or  any  Part  thereof-,    fhall  incur  the  Forfeiture  of  the  real  Value  of  the  Lands 
and  Tenements,  Goods  and  Chattels ;  One  Moiety  thereof  to  the  Lords  Proprie- 
tors, and  the  other  Moiety  to  the  Party  grieved,  and  intended  to  be  defrauded 
thereby. 


X.  PROVIDED  always,  and  he  it  further  Enacted,  by  the  Authority  afore-  N-^t  to  make 
faid.  That  this  A61,  nor  any  Thing  herein  before  contained,  fhall  not  extend  or  a'/ii-t'^n^''^^* 
be  conftrued  to  impeach,  defeat,  or  make  void  any  Conveyance  or  Aflurance,  In-  made. """ 
tereft.  Limitation  of  Ufe,  or  Ulls,  of,  in,  to,  or  out  of  any  Lands  or  Tenements 
heretofore  at  any  Time  had  or  made,  or  hereafter  to  be  h  on  a  fide  made,  upon  and 

for  good  Confiderations,  to  any  Perfon  or  Perfons  whatfoever  ;  any  Thing  before 
mentioned  to  the  contrary,  notwithftanding. 

XI.  AND  for  the  Prevention  of  Frauds  by  double  Mortgages  and  Convey-  Mortgnge  a. a 
ances  of  Lands,  Negroes,  Goods,  and  Chattels;   Be  it  further  Enabled,   by  the  deS^he "firft 
Authority  afcrefaid.  That  every  Mortgage  of  Lands,    Tenements,    Goods,    or  Murtpge. 
Chattels,  which  fhall  be  firft  regiflred  in  the  Regiftcr's  OfHce  of  the  Precinct  where 

the  Land  lieth,  or   of  Goods  and  Chattels  where  the  Mortgager  liveth,  fliall  be 
taken,  deemed,  judged,  allowed  of,  and  held  to  be  the  firft  Mortgage,  and  to 
be  good,  firm,  fubftantial,  and  lawful,  in  all  Courts  of  Tuflice  within  this  Go- 
vernment; any  former  or  other  Mortgage  of  the  fame  Lands,  Goods,  or  Chattels,  uniefs  firft  Mort- 
not  before  regiflrred,  notwithffanding ;    unlefs  fuch  prior  Mortgage  be  regiflred  f^^L  d/vs!'''"^'* 
within  Fifty  Days  after  the  Date. 

XII.  P  ROV  ID  ED  always,  and  be  it  further  Enabled,  by  the  Authority  a-  i*"  ^'"^  ^°''^- 
fore  faid.  That  in  Cafe  more  than  one  Mortgage  fhall  happien  to  be  made  and  be  fuch\s  hTvenot 
in  Force  at  one  Time,  of  the  fame  Lands  and  Tenements,  Goods  and  Chattels,  '^^^eem^'h  -^^l 
the  fcveral  Mortgagees  which  have  not  regiflred  their  Mortgages,  their  Heirs,  an,  payngPrm- 
Executors,  Admmifbrators,  or  AfTigns,  fhall  have  Power  to  redeem  any  Mort-  "p^''  ^'■• 
gage  or  Mortgages  regiflred,  upon  paying  the  principal  Debt,  Interefl,  and  Cofls 

of  Suit,  to  the  prior  Mortgagee  or  Mortgagees,  their  Fleirs,  Executors,  Admi- 
niflirators,   or  AlTigns  :  And  as  a  Punifliment  for  fuch  intended  Fraud  or  Covin,       ^^       ^^. 
every  Perfon  or  Perf()ns  which  fliall  mortgage  the  fame  Lands,  Tenements,  Goods,  ^d  m, ngap.-,  the 
or  Chattels,  a  Second  Time,  a  former  Mortgage  beins  in  Force  and  not  difcharg-  •fti"^'"Kir,F(.rce 

J-  '  -  OD  c>_^  '-'to  hove  no  Keller 

ed,  fhall  have  no  Power  or  Liberty  of  Redemption  in  Equity  or  otherwife.  in  Equity. 

F  XIII.  PRO- 


22  L  A    ly   S     o/'    North-Carolina. 


.■i.   D.    ,713. 

NT^Cwi-  XIII.  PROVIDED  rJfo,  That  nothing  in  this  Ad  contained  fhall  be  con- 
dew  fromD»wcr,  ftj-uecl,  deemed,  or  extended,  to  bar  any  Vv  idow  of  any  Mortgager  ot  fuch  Lands 
i^^tL'^Dced^'S"  or  Tenements,  from  her  Right  of  Dower  to  the  faid  Land,  who  did  not  legally 

join  with  her  Hulband  in  fuch  Mortgage,  or  otherwife  bar  or  exclude  herfelf 

"from  fuch  her  Dower  or  Right. 

F^rft  Mortgagee  XIV.  AND  be  it  furthcY  Euactcd^  by  the  Authority  aforefaid.  That  every 
T!tiJtfefore?s!=-  ptiot  Purchafcr,  or  Mortgagee,  of  any  Lands  or  Tenements,  Goods  or  Chattels, 
com),  to  take  no  ^.j^jch  fhall  not,  before  the  Firft  Day  of  January,  1716,  regifter  his  Title  or 
vtTS^^^^'^  Mortgage  as  aforefaid,  if  after  that  Time  a  Second  Deed  of  Sale,  Conveyance,  or 
Mort'^age,  be  regiftred  before  the  Prior,  fuch  Perfon  fo  neglecting  fhall  take  no 
Advantrge  or  Benefit  of  fuch  Purchafe  or  Mortgage  already  figned  and  fealed. 

Public  Regifter,  XV.  AND  be  it  furthcr  EnaSlcd^  by  the  Authority  aforefaid.  That  the  Re- 
p'''ftS'k' "t"  g^ft^i'  aforefaid  of  every  Precinft,  when  there  is  no  Clerk  of  the  Church  in  that 
ft;'ft,r  BTrth^r  f recinft,  fliall  regifter  all  Births,  Marriages,  and  Burials,  within  the  Precin6t 
£"'aif ''    ""^  whereof  he  is  Regifter  ;  and  that  every  Mafter  or  Miftrefs  of  a  Family  who  ftiall 

neo-lcft  to  regifter  the  Birth  or  Death  of  any  Perfon  born  or  dying  within  his  or 
Perfons  negieft.  her  Houfc  or  Plantation  i  and  every  married  Man  who  fhall  neglcd  to  remit  to 
foff.it'  Tt^er  the  Hud  Regifter  a  Certificate  of  his  Marriage,  and  caufe  the  fame  to  be  regiftred. 
Month,  to  the  fQj.  lono-er  than  one  Month ;  each  Mafter  or  Miftrefs,  or  married  Man,  fo  neg- 
^xS'^s"""  leding,"  fhall  forfeit  and  pay,  to  the  faid  Regifter,  One  ShiUing  />fr  Month  for 

every  Month  fo  negleded  j  provided  the  whole  do  not  exceed  Twenty  Shillings. 

Penalties  how  to       XVI.  AND  be  it  further  Enabled,  by  the  Authority  ajorefaid.  That  all  Penalties 
be  recovered.       ^^^  Forfeitures  in  this  Ad  mentioned,  fliall  be  recovered,    by  Bill,  Plaint,  or 
Information,  in  any  Court  of  Record  in  this  Government  -,  wherein  no  Injundion, 
ProtecStion,  or  Wager  of  Law,  fhall  be  allowed  or  admitted  of. 


CHAP.     XXXIX. 

?n7  4';^^4,'.^'  An  Acl,  cojicerning  Weighs  and  Meajures, 

Chap.   17. 


CHAP.    XL. 

Staple  Commodities  Rated,     O  B  S, 


CHAP.    XU. 

'An  AB,  to  afcertain  the  Time  for  Payment  of  Pork,  Wheaty  and  Indian 

Corn,     O  B  S. 


CHAP 


L    A     IF    S      c/"     N  O  R  T  H  -  C  A  R  O  L  I  N  A.  23 


^1.  /,'     ^715- 


CHAP.     XLII. 


An  A^y  to  af certain  the  Gauge  ofBarreh^  and  to  preveiit  Frauds  i?tPorkj 

BeeJ\  Pitch,  and  Tar. 

I.  T^  E  it  Enabled.,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
•  ^t\  abfolute  Lords  Prcprictors  of  the  Province  of  Carolina,  by  and  with   the 
Advice  and  Confent  of  the  reft  of  the  Members  of  the  General  Affcmbly  now  met  at 
Little  River,  for  the  North-Eaft  Part  of  the  faid  Province^  and  it  is  hereby  En- 
aSted^  by  the  Authcrity  of  the  fame.  That  from  and  aftvr  the  Ratification  of  this  Eureis  hnw 
Act,  no  Cooper  or  other  Perfon  whatfotvcr  making  Cafk,  fhali  expofe  to  Sale  "J.j"*'^^'^  ^"^^'^^ 
any  Barrels  or  half  Barrels  for  the  holding  of  Beef,  x^ork,  Pitch,  Tar,  or  Train  made.''" 
Oil,  but  fliall  contain  and  hold  Thirty  One  Gallons  and  a  Half  each  Barrel,  and 
Fifteen  Gallons  and  Three  Quarters  each  Half  Barrel :  And   all  Barrels  and  Half 
Barrels  which  fliall  be  exppfed  to  Sale,  Ihall  be  made  of  Timber  feafoned  at  leail 
Six  Months  after  the  riving  the  Staves,  not  lefs  than  half  an  Inch  thick  when 
wrouo-ht,  the  Heading  not  lefs  than  Three  Quarters  of  an  Inch  thick,  and  well 
dowelled  •,  Twelve  good  fubllantial  Hoops  on  each  Cafl<,  and  the  whole  to  be 
tio-ht  and  workman-like  :  ■  And  every  Cooper  making  Barrels,  or  half  Barrels,  or  Brmd-Mark  to 
any  other  Perfon  making  the  fame,  before  they  deliver  or  expofe  the  fame  to  Sale,  and  Recorded!"' 
fhall  fet  his  or  their  proper  Brand-Mark  upon  every  Barrel  or  half  Barrel  •,  which 
Mark  he  cr  they  fhall  caufe  to  be  recorded  in  the  Office  of  the  Precindt  where  he 
or  they  fliall  refide  or  dwell. 

II.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  every  Cooper  C'^op^to  f^'r^t 
or  other  Perfon  expofing  to  Sale  any  Cafk  not  agreeable  to  the  Diredlions  of  this  eac'h  offence! 
Aft,  fhall,  for  every  Offence,  forfeit  the  Sum  of  Six  Shillings  and  Eight  Pence, 

and  the  Cafk  or  Barrel  fo  deficient ;  and  for  not  recording  his  or  their  Brand,  the  ^"s'lvhrk  "-.'^'"^ 
Sum  of  Twenty  Shillings  j  One  Half  to  the  Churchwardens  and  Veftry,  for  the 
Ufe  of  the  Pariili,  and  the  other  Half  to  him  or  them  that  fliall  fue  for  the  fame, 
before  any  Juflice  of  the  Peace. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  upon  Com-  J'lffice,  on  com- 
plaint made,  upon  Oath,  or  folemn  Afiirmation,  by  any  Perfon  or  Perfons,  to  Pork'  ^f?is  not 
any  Juftice  of  the  Peace  in  this  Government,  That  he  hath  received  of  any  Per-  merchantable,  to 
fon  or  Perfons,  any  Beef,  Pork,  Pitch,  Tar,  or  Train Oyl,  that  is  not  merchant-  \o\  i\^J,"lT 
able  and  good  in  its  Kind  ;  or  is  not  in  good  and  fufftcient  Cafk,  as  is  by  this  '^j^f^"'^'^'^ 
Law  appointed-,  or  that  the  Pork  is  deceitfully  packed  up,  or  contains  more  phmtbejuft" 
Heads  than  is  by  Law  allowed,  or  that  there  is  Boars  Flefli  mixed  or  packed  there-  °^^\^°^^\'^^' 
in,  or  that  the  Meat  is  not  well  faved  or  faked  fit  for  Exportation  ;  or  that  the  Party  grieved,  & 
Beef  is  mixed  with  Bulls  Flefli,  Shanks,  Marrow-Bones,  or  Heads,  or  in  any-  p';,^''^^;;j'^'= 
wife  defeftive  and  not  merchantable  ;  fuch  Juftice,  upon  all  or  any  of  thofe  Com-  the  ufe  of  the 
plaints,  fhall  ifTue  his  Warrant,  diredled  to  Two  reputable  Freeholders,  Nvho  fliall  ^"''''• 

view  the  fame,  and,  upon  their  Oath,  fliall  make  Report  thereof,  and  of  the 
Damages,  to  the  fame  Juflice  that  iflued  his  Warrant  •,  and  if  the  Complaint  fliall 
appear  to  be  juft,  he  fliall  immediately  order  double  Damages  to  the  Party  injured, 
and  the  Value  of  fuch  Pork,  Beef,  Fitch,  Tar,  or  Oyl,  fliall  be  forfeited  to  the 
Churchwardens  and  Veftry,  for  the  Ufe  of  the  Parifli  where  fuch  Offender  lived 
or  refided. 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Forfei-  Forfeitures  to  be 
tures  that  fhall  become  due  by  Virtue  of  this  A61,  fliall  be  fued  for  within  Ten  '^^d  f^r  in  10 
Days  after  the  receiving  of  fuch  Cafl<,  Bti:.U  Pork,  Pitch,  Tar,  or  Train  Oyl,     '^'' 

and  not  alter. 

CHAP. 


rrant 
ers 

irae, 
Com- 
to 


24  LAWS     of    North-  C  a  r  o  l  i  n  a. 


^'  CHAP.     XLIII. 


Rep.  byA£v,^.  Jn  AB,  to  appoint  the  Marking  ofHorfes,  Cattle,  and  Hogs  ^  and  to  pre- 
chap.'  sJ"^'*  'V'-'ni  Injuries  being  done  by  killings  mijmarkitig,  driving  aivay^  or  de- 

jtroying  Peoples  Stocks. 


CHAP.     XLIV. 

%^!^?Z^'!-]'.  ^^  ^^'  *°  appoint  Toll-Books  to  be  kept  at  or  near  Catherine'^  Creek,  in 
Chowan  PrecinSf,  at  the  Head  of  Pequimons  PrecinSt,  and  at  the 
Mouth  of  the  North-weft  River ^  in  Currituck  PrecinB ;  and  to  prevent 
P'Tfons  frotn  tranfporting  or  driving  Horfes,  Cattle,  or  Hogs,  to  other 
Perjons  Lands. 

I-  TTTHEREAS  divers  Perfons,  Inhabitants  oi  Virginia,  frequently  coming 
Vy  i'^'^o  ^^is  Government  to  purchafe  Cattle  or  Hogs,  it  may  be  greatly 
feared  they  may  drive  away  Cattle  or  Hogs  which  they  have  not  purchafed ;  and 
whereas  divers  Perfons,  as  well  Inhabitants  of  this  Government  as  of  Virginia,  do 
very  often  drive,  lead,  or  carry  Horfes,  Cattle,  or  Hogs,  to  other  Perfons  Lands, 
where  they  fuppofe  is  better  Herbage  or  Mall  than  on  that  whereon  rhey  are 
Dwellers  :  For  x^revention  whereof; 

II.  5  £  /■/  Enafled,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 

abfolute  Lords  Proprietors  of  the  Province  of  Carolina,    by  and  with  the  Advice 

and  Confent  of  the  reft  of  the  Members  of  the  General  JJfemhly,  now  met  at  Little 

River,  for  the  North-Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by 

Toll-Books  to  be  the  Authority  of  the  fame.  That  there  fliall  be,  at  Catherine's  Creek,  in  Chowan 

'^'"  Precind,  at  the  Head  ot  Pequimon  River,  and   at  the  Mouth  of  the  North-weft 

R-iver,  in  Currituck  ir-rccinft,  Perfons  appointed  by  the  Governor  or  Commander 

All  cutie,  tsc.  ifi  Chief  for  the  Time  being,  to  keep  Toll-Books ;  and  all  Perfons,  whether  Driv- 

on  'ilmr".'f'    ^^^'  -^^"^chafcrs,  or  Owners  of  Cattle  or  Hogs,  fhall  be  obliged  to  enter  in  the 

fu"ch  cutie,  &c.  Toll-Book  every  Beaft  or  Hog,  with  their  Mark  and  Diflinclion,  and  of  whom 

or  40  s.  purchafed  :  And  that  what  Perfon  foever  fhall  drive  Cattle  or  Hogs  to  Virginia^ 

and  (hall  negled  to  enter  the  fame  in  the  refpedive  Toll-Books,  according  to  this 

A 61,  (hall  forfeit  every  fuch  Beaft  or  Hog  which  fliall  be  fo  omitted  as  aforefaid  ; 

and  if  fuch  Beaft  or  Hog  be  not  to  be  had,  the  Perfon  fo  omittin^  lliall  forfeit 

and  pay  the  Sum  of  Forty  Shilhngs  ;  to  be  recovered  by  a  Warrant  from  the  next 

Juftice  of  the  Peace. 

For  entring every       HI,  A N D  be  it  furthcr  Enactcd,  That  every  Purchafer,  Owner,' or  Driver  of 

fvTr^'Hog  Tl  ^^"^^  ^^'^  ^°§^'  ^.^^^  P-^y'  ""'^^  ^^^  Perfon  fo  appointed  to  keep  the  faid  Toll- 
Book,  Two  Pence  for  every  Beaft,  and  One  Penny  for  every  Hog,  which  ftiall 
be  fo  driven  and  entered  in  the  faid  Toll-Book. 

No  Perfon  to  I^.  ANB  be  it  further  Enacted,   by  the  Authority  aforefaid.  That  if  any  Per- 

Se  or'^othlr  ^°"  °'"  Perfons  whatfoever,    either  inhabiting  in  Virginia  or  this  Government, 

Pepies  L,nd;    ftiall,  after  the  Ratification  of  tliis  Aft,  prefume  to  drive,  lead,  tranfport,  or  car- 

Ki"veT:b*^rty7 0,°  ^^  ^"7  C^"^^»  Horfes,  or  Flogs,  to  range  upon  any  Perfons  Lands,'  ftiall  forfeit 

PcnaJiy  of  10 1,  and  pay  the  Sum  of  Ten  Pounds :  And  that  no  Perfon  or  Perfons  whatfoever, 

inhabiting  in  this  Government,  fliall  give  Leave  to  any  other  Perfon  or  Perfons, 

either  Inhabitant  or  Foreigner,    to  turn  loofe,  drive,    or  put  on  his  Land,  any 

Horfes,  Cattle,  or  Flogs,  under  the  like  Penalty  of  Ten  Pounds. 

V.  AND 


LAWS      of     N  O  R  T  H  -  C  AR  O  L  I  N  A.  2? 

—  .-,—  ?j  ■"        I  -■.■■■-■■■         I  ■      ■  — ,  .  ,  ,■!_ — ■     — ■ 

A-  D.    1715. 

.      V.  AJSl  B  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Foreigner  i^'T^XT^ 

whatfot;ver,  either  by  Confent  or  PermifTion  of  any  other  Perfon  or  Perfons  in-  ^^'ng  siock  imo 

habiting  in  this  Government,  or  otherwife,  fhall  prefume  or  offer  to  drive,  lead,  mZ'x^^oT-pZ 

or  bring  into  this  Government,  any  Stocks  of  Cattle,  Hogs,  or  Korfes,  with  In-  "'^'^  °^  ^°'' 
tention  to  Winter  them  here,  or  to  deftroy  the  Herbage  or  Maft ;    under  the 

Penalty  of  Twenty  Pounds:  And  it  is  hereby  meant  and  intended,  and  fo  (hall  N."etobedecm- 

be  underllood  and  taken,  that  no  Perfon  fliall  be  deemed  an  Inhabitant  that  holds  wb-!"do''mn're. 

Lands  by  Entry,  Survey,  or  Patent,  but  fuch  as  a<5tually  and  conftantly  refide  on  ^''^  °"  '*'"''' 

fuch  Lands,  or  keep  the  fame  always  tenanted,  cultivated  and  improved.  them'tecTnted!'' 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Ranker  R^^ger,  ^c.  to 
of  each  Precincl  or  Divifion  where  fuch  Offence  fhall  be  committed,  or  on  his  ™'"=  ^■'^'"■^'• 
Default,  the  Keeper  of  the  Toll-Book,  is  hereby  appointed  to  make  Diftrefs  of 

fuch  Cattle,  Hogs,  or  Horfes,  of  any  Perfon  or  Perfons  offending  •,  the  one  Half 
of  which  Fine  or  Forfeiture  fhall  be  to  the  Ranger,  or  Keeper  of  the  Toll-Book, 
whichfoever  lliall  make  the  Diftrefs,  and  the  other  Half  to  the  Churchwardens  and 
^t^ry,  for  the  Ufe  of  the  Parifh  where  the  Offence  fhall  be  committed, 

VII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Fines  Penalties  hew  to 
and  Forfeitures  in  this  Ad  mentioned,  and  not  herein  and  hereby  exprefly  and  ^^  'Jifpc^f-i,  -md 
particularly  mentioned  to  whom  they  Ihall  be  paid,  and  how  to  be  recovered,  ''°""'"*'""''- 
Ihall  be,  one  Half  to  the  Churchwardens  and  Veftry,  for  the  Ufe  of  the  Parifh 

where  the  Offence  fliall  be  committed,  and  the  other  Half  to  him  or  them  that 
fhall  fue  for  the  fame,  in  any  Court  of  Record  in  this  Government,  by  Bill,  Plaint, 
or  Information  -,  wherein  no  Effoign,  Proteftion,  Wager  of  Law,  or  Injundion, 
fhall  be  allowed  or  admitted  of. 


CHAP.     XLV. 

What  Fences  are  fufficietif . 

^'  "R  ^  '^  Enacted,  by  his  Excellency  the  Palatine,  and  the  refi  of  the  true  and 
J_>  abfolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent 
of  the  refi  of  the  Members  of  the  General  Affembly,  now  met  at  Little  River,  for 
the  North-Eaft  Part  of  the  faid  Province,  and  'it  is  hereby  Enacted,  by  the  Au- 
thority of  the  fame.  That  every  Planter  fhall  make  a  fufHcient  Fence^about  his  Fence,  how  to  bc^ 
cleared  Ground  Five  Feet  high,  and  the  End  of  every  Rail  not  to  be  above  Four  '"*''''• 
Inches  afunder,  until  the  Fence  be  Three  Feet  high  from  the  Ground  ;  which,  if 
any  Perfon  be  deficient  in,  whatlbever  Trefpafs  or  Damage  fuch  Perfon  fhall  fuf- 
tain,  by  Horfes,  Hogs,  or  Cattle,  the  Owner  of  fuch  Horfes,  Hogs,  or  Cattle, 
mall  not  be  liable  to  any  Adion  of  Trefpafs,  or  to  make  Satisfadion  for  fuch 
Injury.  ^ 

n,  n'  '^^Jl^''^.^-'^^'^  Enacted,  That  if  any  Perfon,  whofe  Fence  is  Infufficient,  Pc.fo„snot  hav. 
lHall,  with  Guns,  Dogs,  or  otherwife,  unreafonably  chafe,  worry    maim    or  kill  '"g'^^f^'F^""', 
any  Cattle,  Hogs,  or  Horfes,  or  caufe  the  fame  to  be  done,  flich  Perfon  fo  of-  Ss^^t^.'^k: 
tending  fhall  make  full  Satisfadion,  for  fuch  Damages  or  Injury    to  the  Owner  ^""^  '*"=  ^''"'^- 
of  fuch  Horfes,  Hogs,  or  Cattle,  as  he  fliall  thereby  fuftain  ;  to'  be  recovered    „ 
by  Action  of  Debt,  in  the  Court  of  the  Precind  wherein  fuch  Injury  fhall  be  com-  -el' 
mitted,  wherein  the  Teftimony  of  one  Witnefs  fhall  be  fufhcicnt  Proof  •,  provided 
the  DaiTiages  do  amount  to  above  the  Value  of  Forty  Shillings ;  but  in  Cafe  the 
Damages  be  lefs  than  Forty  Shillings,  then  the  fame  fhall  be  triable  and  determi- 


How  to  be  rceo« 


26  LA  W  S     of    North-Carolina. 


•^^^^,2^    nable  by  and  before  Juftices  of  the  Peace  only,  as  by  the  Aft,  intituled.  An  Jcf, 

r:;^^prihZ  M  the  rrirJpfJmall  and  mean  Caufes,  is  direfted  :  But  in -Cafe  any  Horfe,   Hogs, 

f!c'rnt""o'b?'^'  ^^  Cattle,  Ihall  trefpafs  upon  any  Perlbns  Land  whofe  Fence  fliall  be  fufficient, 

nude  good"by  the  according  to  tiie  Diredions  of  this  Aft,  which  fhall  be  determined  by  any  Two 

Srrr  S/^^     fufficient  Freeholders  of  the  Neighbourhood,  indifferently  chofen,  and  fworn  be- 

°'"''    "        fore  fome  Magifa-ate  5  then  the  Owner  of  fuch  Horfes,  Hogs,  or  Cattle,  fhall 

make  full  Satisiaftion  for  the  Trefpafs,  to  the  Party  injured  i  to  be  recovered  in 

fuch  Manner  as  is  herein  before  by  this  Aft  direfted. 

Unruly  Horfes,        HI.  ANB  be  ji,  further  Ena£led,  by  the  Authority  afcrefaidy  That  every  Perfon 

if  fenced  c'round  ^^^^'^  Horfc,  Mare,  or  Gelding,  fliall  break  into  any  inclofed  Grounds,  fenced 

tp  brk-pt 'up"    according  to  the  Direftions  of  this  Aft,  fuch  Perfon. or  Perfons  fliall  be  bound  to 

Io'/vi!7o!  "'  -^^^.P  "P  ^"^'^  unruly  Horfe,  Mare,  or  Gelding,  irom  the  Tenth  Day  of  March, 

until  the  Tenth  Day  of  November^  Yearly  ;    under  the  Penalty  of  paying  double 

Damages,  with  Cofts,  to  the  Party  injured,  for  the  Second  Offence  or  Tref|)afsj 

and  for  the  Third  Offence,  treble  Damages  j  to  be  recovered  as  aforefaid. 


CHAP.    XLVI. 

*nV4!'^^f'^'  -^  -^^i  concerning  Servants  and  Slaves. 

Chap.  24. 


CHAP.     XLVII. 

Private  Burials  prohibited. 

E  it  Ena^ed^  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and  ab~ 

folute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confeni 

of  this  prefent  General  AJfembly,  now  met  at  Little  River,  for  the  North  Eafl  Part 

Burial  Places  to  ^f  ^hc  fttid  Provincc,  and  by  the  Authority  of  the  fame,  it  is  hereby  Enacted,  That 

be  ret  apart.        cvcry  Planter,  Owner,  Attorney,  or  Overf^er  of  every  fettled  Plantation  in  this 

Government,  or  that  hereafter  fliall  be  fettled,  fhall  fet  apart  a  Burial  Place,  and 

Fence  the  fame,  for  the  interring  all  fuchChriftian  Perfons,  whether  bond  or  free, 

that  fhall  die  on  their  Plantation ;  and  that  before  the  Interring,  there  fliall  be 

brbu?Ld,°^ '"    called  at  leafl  Three  or  Four  of  the  Neighbours  to  view  the  Corps :  And  if  it  ap- 

On  sufpicion  of  pears  to  them  that  the  Perfon  came  to  his  or  her  Death  by  any  Violence  or  un- 

nertobe'inforittl  lawful  Mcans,  Noticc  thereof  fhall  be  given  forthwith  to  the  Coroner  of  the  Pre- 

ptrfons  refufin    ^^"^>  ^^  ^^^^  Proceedings  may  be  had  thereon  according  to  Law :  And  in  Cafe 

to  come  &  view,  any  of  the  Perfons  fo  called  fhall  refufe  to  come  and  view,  he  or  fhe  fo  refufing 

to  forfeit  5  s.       ^^ij  forfeit  and  pay  the  Sum  of  Five  Shillings  -,  to  be  levied  by  a  Warrant  from 

the  next  Juflice  of  the  Peace,  and  paid  to  the  Churchwardens,  for  the  Ufe  of  the 

Poor  of  the  faid  Parifh. 

Perfons  burying      II.  AND  be  it  further  Ena£led,  by  the  Authority  aforefaid.  That  if  any  Per- 

Aft,"' to 'forfeit  ^°^  ^°  dying  fhall  be  buried  contrary  to  the  t:ue  Intent  and  Meaning  of  this  Aft, 

10 1.  uniefs  the  the  Pcrfon  or  Perfons  occafioning  the  fame,  fhall  forfeit  and  pay  the  Sum  of  Ten 

to^brburieddfe?  Pounds  •,  One  Third  to  the  Informer,  One  Third  to  the  Lords  Proprietors,  and 

where,  &c,        the  Other  Third  to  the  Poor  -,  to  be  recovered,  by  Bill,  Plaint,  or  Information, 

in  the  General  Court  of  this  Government ;    wherein  no  EfToign,  Proteftion,  or 

Wager  of  Law,  fhall  be  allowed  :  Uniefs  fuch  Perfons,  in  their  Life-time,  figni- 

fied  their  Defire  of  being  interred  elfewhere ;  or  uniefs  the  Perfon  concerned  in 

fuch  Burial  can  make  it  appear,  that  fo  many  of  the  Neighbourhood  refufed  to 

coine^ 


B 


i 


LAWS      o/"     N  O  R  T  H  -  C  A  R  O  L  I  N  A.  2/ 

come,  on  Notice  given  them,  to  appear  and  view  the  Lorps,  or  tnat  he  cuuid     '*    "' 
not,  without  great  Travel  and  Expence,  or  Damage  to  the  Corps,  keep  it  any 


longer. 


CHAP.     XLVIII. 

An  A5i^  concerning  Proving  Wills ^  and  graJiting  Letters  of  Ad?ninijlra--  see  Aa.v,^.  23, 
tion  y  and  to  prei'ent  Frauds  in  the  Management  of  hitejlates  Ejlates,       '7i3,ch«p.  10. 

I.  TJ  E  it  EnaSled^  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
j3  ahfolute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the, 
jidvice  and  Confent  of  the  reft  of  the  Members  of  the  General  AffeynUy  now  niet  at 
Little  River,  for  the  North-Eaft  Part  of  the  faid  Province^  ^,nd  it  is  hereby  En- 
ccted^  by  the  Authority  of  the  fame.  That  all  Wills  and  Adminiftrations  heretofbrG  wiUs,  *c.  here- 
proved  and  granted  by  the  Council,  General  Court,  Precind  Ccairt,  or  by  any  tofcr'^  prov. 'i  be- 
Powers  or  CommilTions  heretofore  granted  by  any  Governor,  Deputy-Governor,  no7,  &c.  dcdat'- 
Prefident  and  Council,  to  any  particular  Perfon  or  Perfons,  Ihall  be  deemed,  ad-  "^  ^°°^' 
judged,  a.id  taken  lo  be  good  and  efFedual,  to  all  Intents  and  Purpofcs  whatfb- 
ever,  as  if  proved  before,    or  granted  by,    any  Ordinary  or  other  Ecclefiaftical 
Judge  or  Perfon. 

II.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  it  fhall  and  ""^bTproved? 
may  be  lawful  for  the  Governor  or  Commander  in  Chief  for  the  Time  being,  the 

General  Court,  or  Precinct  Court,  to  have  Wills  proved  before  them,  and  to 
grant  Orders  for  Adminiftration. 

III.  PR  0  VID  E  D  always.  That  the  fame  be  not  repugnant  to  the  Rules 
and  Methods  prefcribed  by  this  A£l ;  and  provided  alfo,  that  the  granting  Let- 
ters Teftamentary,  or  Letters  of  Adminiftration,    always  excepted  ;    which  IhalL  Letters  Terta- 
be  always,  from  and  after  the  Ratification  of  this  Ad,  figned  by  the  Governor  ""■""ry.&c-how 
or  Commander  in  Chief  for  the  Time  being,    and  fealed  with  the  Colony  Seal, 

and  only  iffuing  out  ot  the  Secretary's  Office,  and  counter-figned  by  the  Secreta-    . 
ry,  or  his  Deputy, 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Perfon  No  Perfon  to  ad- 
do  prefume  to  enter  upon  the  Adminiftration  of  any  deceaftd  Perfons  Eftate,  un-  •"■"  '^^i  til  Let- 
til  they  have  obtained  fuch  Commiflion  of  Adminiftration,  or  Letters  Teftamen-  the  Governor, on 
tary,  figned  by  the  Governor,  under  the  Penalty  of  Fifty  Pounds  ;  One  Half  to  P'^na'ty  "^5°!- 
the  Informer,  and  the  other  Half  to  the  Governor  or  Commander  in  Chief  for  the 

Time  being :  To  be  recovered,  by  Bill,  Plaint,  or  Information,  in  the  General 
Court  of  this  Province  j  wh?rein  no  Effoign,  Protedion,  or  Wager  of  Law,  fliail 
be  allowed  or  admitted  of. 

V.  AND  be  it  far: her  Enacted,  hy  the  Authority  aforefaid.  That  the  Secretary  f,r"  u'tUsTef! 
or  his  Deputy,    Ihall  not  affix  the  Colony  Seal,    or   fub-fign  any  Letters  Tefta-  timentary,  tii 
mentary,  without  taking  the  Executor's  Oath,  for  performing  the  Will   of  the  ^vnm^'nor'of 
Deceafed ;  unlefs  Certificate  is  made  by  a  Juftice  of  the  Peace,    that  the  fame  Adminiftration, 
Oath  is  taken  before  him  -,  or  Letters  of  Adminiftration,  without  the  Adminiftra-  Mke"the'  Oath' 
tor  has  taken  the  Oath  of  an  Adminiftrator,  and  has  alfo  given  fufficient  Bonds,  and  give  Bond, 
with  Two  or  more  able  Sureties,  taken  either  before  the  Secretary,  or  the  Juftices 

of  the  Precind  Court,  and  returned  into  the  Secretary's  Office,  (Refped  being 
had  to  the  Value  of  the  Eftate,)  in  the  Name  of  the  Governor  or  Commander  in 
Chief  for  the  Time  bejng,  with  the  Condition  in  Form  and  Manner  following, 
'mutatis  mutandis,  viz. 

THE 


28  L  A  W  S    of    North-Carolina. 


A.  D.    1715. 

cl^dki^CTthe  ^T^  HECoNDiTiONof  this  Obligation  is  fuch,  That  if  the  above  bounden 
-B^air-^  J^     J.  B.  Adminiftrator  of  all  and  fingular  the  Goods  and  Chattels,  Rights  and 

Credits,  of  C.  D.  deceafed,  do  make,  or  caufe  to  be  made,  a  true  and  perfed 
Inventory  of  all  and  fingular  the  Goods  and  Chattels,  Rights  and  Credits,  of  the 
faid  Deceafed,  which  have,  or  fliall  come  to  the  Hands,  PoiTeflion,  or  Know- 
ledge of  him  the  faid  A.  B.  or  into  the  Hands  and  Poffeflion  of  any  other  Per- 
fon  or  Perfons  for  him,  and  the  fame  fo  made  do  exhibit,  or  caufe  to  be  exhibi- 
ted, into  the  Secretary's  Office,  and  one  attefted  Copy  thereof  to  the  Precin<5t 
Court  v/here  Orders  for  Adminiftration  paffed,  within  Ninety  Days  after  the  Date 
of  thefe  Prefents  •,  and  the  fame  Goods,  Chattels,  and  Credits,  and  all  other  the 
Goods,  Chattels,  and  Credits  of  the  faid  Deceafed,  at  the  Time  of  his  Death,  or 
which  at  any  Time  after  fhall  come  to  the  Hands  or  Poffeflion  of  the  faid  A.  B. 
or  into  the  Hands  or  Poffeflion  of  any  other  Perfon  or  Perfons  for  him,  do  well 
and  truly  adminifter  according  to  Law ;  and  further,  do  make,  or  caufe  to  be 
made,  a  true  and  jufl:  Accotint  of  his  faid  Adminiftration,  within  one  Year  after 
the  Date  of  thefe  Prefents,  and  all  the  reft  and  Refidue  of  the  faid  Goods,  Chat- 
tels, and  Credits,  which  fhall  be  found  remaining  upon  the  faid  Adminiftrator's 
Account,  the  fame  being  firft  examined  and  allowed  of  by  the  Governor  and 
Council,  General  Court,  or  Precind  Court,  flaall  deliver  and  pay  unto  fuch  Per- 
fon or  Perfons,  refpeftively,  as  the  fame  fliall  be  due  unto,  purfuant  to  the  true 
Intent  and  Meaning  of  this  A6t  •,  and  if  it  fliall  appear  that  any  Laft  Will  and 
Teftament  was  made  by  the  Deceafed,  and,  by  the  Executor  or  Executors  therein 
named,  do  exhibit  the  fame  into  Court,  making  Requeft  to  have  it  allowed  and 
approved  accordingly,  if  the  faid  A.  B.  above  bound,  being  thereunto  required, 
do  render  and  deliver  the  faid  Letters  of  Adminiftration,  (Approbation  of  fuch 
Teftament  being  firft  had  and  made,)  in  the  faid  Court ;  then  this  Obligation  to 
be  void,  and  of  none  Effe<5l :  Or  elfe  to  remain  in  lull  Force  and  Virtue. 

fe.ind  to  be  af-      Whlch  Bonds  are  hereby  Ena6led  and  Declared  to  be  good,  to  all  Intents  and 
i^I^t  in°ui-'a  ^     Purpofes,  and  pleadable  in  any  Courts  of  Juftice  -,  and  Ihall  be  transferred  or  af- 
figned,  by  the  Governor  or  Commander  in  Chief  for  the  Time  being,    to  any 
Perfon  or  Perfons  injured,  who  fliall  and  may  maintain  an  Adlion  thereon. 

intefiates  Eftites  VI.  AND  he  it  further  EnoMed.,  by  the  Authority  afcrefaid.  That  all  and  eve- 
buTJ.° '°'  ^'^'"  ry  Perfon  and  Perfons  to  whom  Adminiftration  fliall  be  granted,  fliall  diftribute 
the  Surplufage  of  fuch  Eftates  in  Manner  following  •,  that  is  to  fay.  One  Third 
Part  of  the  faid  Surplufage  to  the  Wife  of  the  Inteftate,  and  all  the  reft,  by  equal 
Portions,  to  and  among  the  Children,  in  Cafe  any  of  the  faid  Children  be  then 
dead,  other  than  fuch  Child  or  Children  (not  being  Heir  at  Law,)  who  fhall  have 
any  Eftate  by  the  Settlement  of  the  Inteftate,  or  fliall  be  advanced  by  the  Inteftate, 
in  his  Life-time,  by  Portion  or  Portions,  equal  to  the  Share  which  fliall,  by  fuch 
Diftribution,  be  allotted  to  the  other  Children  to  whom  fuch  Diftribution  is  to  be 
made :  And  in  Caie  any  Child  (other  than  the  Heir  at  Law,)  who  fliall  have  any 
Eftate  by  Settlement  from  the  faid  Inteftate,  or  fhall  be  advanced  by  the  faid  In- 
teftate, in  his  Life-time,  by  Portion,  not  equal  to  the  Share  which  will  be  due 
to  the  other  Children  by  fuch  Diftribution  as  aforefaid,  (fuch  Settlement  or  Ad- 
vancement to  be  adjudged  to  the  Value  it  was  worth  at  the  Time  of  the  Settle- 
ment or  Advancement,)  then  fo  much  of  the  Surplufage  of  the  Eftate  ot  fuch  In- 
teftate to  be  diftributed  to  fuch  Child  or  Children  as  fhall  have  any  Land  by  Set- 
tlement from  the  Inteftate,  or  x<ftv&  advanced  in  the  Life-time  of  the  Inteftate,- 
as  fliall  make  the  Eftate  of  all  the  Children  to  be  equal,  as  near  as  can  be  eftima- 
ted  •,  but  the  Heir  at  Law,  notwithftanding  any  Land  that  he  fliall  have  by  Dif- 
cent,  or  otherwife,  from  the  Inteftate,  is  to  have  an  equal  Part  in  the  Diftribu- 
tion with  the  reft  of  the  Children,  without  any  Confideration  of  the  Value  of  Land 
which  he  hath  by  Difcent,  or  otherwife,  from  the  Inteftate  :  And  in  Cafe  there  be 

no 


LAWS      5/^     N  O  R  T  H  -  C  A  R  O  L  I  N  A.  20 

no  Children,  nor  any  l;;gal  ReprJcntativcs  of  them,  then  One  Moiety  of  the  faid  f-^^l 
Eftate  to  be  allotted  to  the  VVife  of  the  Inteftate  ;  the  Refidue  ot  the  faid  Eftate 
to  be  diftributed  equally  to  every  of  the  next  of  Kindred  of  the  Inteftate  who  are 
in  equal  Degree,  and  to  thofe  who  legally  reprefent  them  •,  provided  that  there 
be  no  Reprcfentatives  admitted  among  Collaterals  after  Brothers  and  Sillers  Chil- 
dren :  And  in  Cafe  there  be  no  Wife,  then  all  the  faid  Eftate  to  be  diftributed 
equally  to  and  amongft  the  Children  :  And  in  Cafe  there  be  no  Child,  then  to  the 
jiext  of  Kindred,  in  equal  Degree,  of  or  unto  the  Inteftate,  and  their  legal  Re- 
prcfentatives, as  aforciaid ;  and  in  no  other  Manner  whatfoever. 


Executors  or  Acf- 


VII.  AN B  he  it  further  Ena^ed^  by  the  Authority  aforefaid^  Tliat  no  Exe-  ^^^^^  ^^ 
cutor  or  Adminiftrator  fhall,  hereattcr,  take,  or  hold  himfelf,  (according  to  the  mlniftm' r" 'lut 
Value  of  Appraifmenr,)  more  of  the  Deceafed's  Eftate,  than  amounts  to  his  ne-  anvEa^eXmif 
ceflary  Charges  and  DiftDurfements,  and  fuch  Debts  as  he  fliall  legally  pay  within  charges,  t^c. 
Twelve  Months  after  Adminiftration  granted  ;  but  that  all  fuch  Eftate  fo  remain- 
ing, fliall,  immediatelv  after  the  Expiration  of  Twelve  Months,  be  equally  and  ??'' '°m ''il'" 
indifferently  divided  and  paid  to  luch  Terlons  to  whom  the  lame  is  due  by  this 

A6t,  or  the  Will  of  the  Deceafed,  fuch  Perfon  or  Ferfons,  or  fome  other  for  Security  to  be 
fhem,  giving  good  Security,  that  if  any  Debt  or  Debts  truly  owing  by  the  De-  f,rc" fe'of  dS 
ceafed,  ihall  be  afterwards  fued  for,  and  recovered,  or  otherwife  duly  made  ap- 
pear, that  then,  and  in  every  fuch  Cafe,  he  or  they  fliall  refpeclively  refund  and 
pay  back  to  the  Executor,  or  Adminiftrator,  his  or  her  ratable  Part  of  that  Debt 
or  Debts,  v/ith  the  Charges  of  the  Executor,  or  Adminiftrator,  by  Rcafon  of  fuch 
Debt  or  Debts,  out  of  the  Part  or  Share  fo  as  aforefaid  allotted  to  him  or  her, 
thereby  to  enable  the  faid  Executor,  or  Adminiftrator,  to  pay  and  fadsfy  the  faid 
Debt  or  Debts  fo  difcovered  after  Diftribution  made  as  aforefaid. 

VIII.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  where  any  Adminmrat;on^^ 
Perfon  fliall  die  Inteftate,  Adminiftration  fliall  be  granted  to  the  next  of  Kin  to  '''''°'"  2""'^"^- 
the  Deceafed,  provided  fuch  Perfon  make  Claim  for  the  lame,  in  the  Secretary's 

Office,  or  Precin61;  Court,  before  the  next  General  Court  following  the  Death  of 
the  Inteftate,  before  which  Time  Adminiftration  fliall  not  be  granted  to  any  Per- 
fon ;  and  for  Want  of  fuch,    to  the  greateft  Creditor,  proving  his  Debt,  upon  p^^^ 
Oath,  before  the  Governor  or  Commander  in  Chief  for  the  Time  being,  the  Ge-  ingrRiJht  to  " 
neral,  or  Precind  Court :  And  in  Cafe  any  pretendino;  a  Risiht  to  Adminiftration,  '^^;'^i"''^"t'C". 
fliall,  before  the  next  General  Court  following  the  Death  of  fuch  Inteftate,  enter  Caveat  in  the  se- 
a  Caveat,  in  the  Secretary's  Office,  againft  any  other  Perfon's  having  Adminiftra-  XdminiftrS'' 
tion,  the  Secretary,  or  his  Deputy,  fhall  forbear  to  feal  or  counter-lign  any  Let-  "ot  to  be  granted 
ters  of  Adminiftration,  till  the  Cafe  in  Controverfy  ffiall  be  heard  and  determined  detemiined^  be- 
by  the  Governor  or  Commander  in  Chief,  and  Council,  for  the  Time  being.  f""-'  ^^^  Cover- 

'  '  '  O  ncr&  Council. 

IX.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.    That  Creditors  Creditors tomake 
of  any  Perfon  deceafed,  fliall  make  their  Claim  within  Seven  Years  after  the  Death  '''<='■■  ciaim  in  7 
of  fuch  Debtor ;  otherwife  fuch  Creditor  fliall  be  for  ever  barred  :  And  if  it  fliall  barred', 
happen  that  any  Sum  or  Sums  of  Money  fliall  hereafter  remain  in  the  Hands  of  '^yeL^'^o'^'" 
any  Adminiftrator,  after  thie  Term  of  Seven  Years  fliall  be  expired,  and  not  reco-  to  the  p^'rim. 
vered  by  any  of  Kin  to  the  Deceafed,  or  by  any  Creditor  in  that  Time  ;  the  fame 

fliall  be  paid  to  the  Churchwardens  and  Veftry,  to  and  for  the  Ufc  of  the  Parifli 
where  the  faid  Money  fliall  remain.  •        y 


H  CHAP. 


iMMW>M*lM>MBBBa> 


B 


30  Z/^/^  /So/'    North-Carolina. 

A.  D.     1715. 

CHAP.     XLIX, 

An  A£i^  concerning  Orphans. 

E  it  Enacted,  by  his  Excellency  the  Palatine,  and  the  refl  of  the  true  and 

ahfolute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with   the 

Jdvtce  and  Confent  of  the  reft  of  the  Alemhers  of  the  General  Jjfembly  now  met  at 
Little  River,  for  the  North-Eaft  Part  of  the  faid  Province^  and  it' is  hereby  En- 
a^ed,  by  the  Authority  of  the  fame.  That  from  and  after  the  Ratification  of  this 
Children  or  Or-  Aft,  no  Pcrfon  or  Perfons  whatfoever  fhall  give  or  bind  any  Children  or  Or- 
phan.  not  to  be  phans,  nor  (hall  any  Perfon  take  or  receive  any  Children  or  Orphans  fo  given  or 
the"c'.urt%r^  bound,  (unlcfs  the  fame  be  from  the  Parents,)  without  the  Leave  or  Confent  of 
their  Parents ;     f^e  Precind  Court  where  fuch  Children  fhall  refide  or  dwell,  under  the  Penalty 

on  Penalty    or  _  niy^TTiri  -i  i-i  ^ 

20 1.  ot  Twenty  Pounds  -,  One  Half  to  be  paid  to  and  for  the  Ufe  of  fuch  Child  or 

Orphan,  and  the  other  Half  to  him  or  them  that  will  fue  for  the  fame. 

II.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  the  Precindt 
Precmft  Courts  Courts  are  hereby  authorifed  and  impowered,    to  grant  Letters  of  Tuition  or 

to   grant   Letteri  i-/i-  riT->r  1  niii-i  <- 

of  Guardianrtiip,  Guardianlhip  to  fuch  rerfons  as  they  fhall  think  proper,  for  the  Care  of  brining 

Tnty,  of  be^ii'-  "P  ^"^  Education  of  all  Orphans,  and  for  the  taking  Care  of  their  Eflates  ;  of  all 

able  fo'r  the  Da-  which  Guardians  fo  by  them  appointed,  they   fhall  take  good  Security,  for  the 

■™^''  due  Performance  of  their  Office  or  Truft :  And  if  the  faid  Courts,  or  any  of  them, 

fliall  negleft  to  perform  the  Powers  and  Authorities  by  this  Aft  given  them,  the 

Members  of  thofe  Courts  fo  neglefting  their  Duty,  fliall  be  liable  to  make  good 

all  Damages  that  fhall  happen,  by  fuch  their  OmifTion,  to  any  Child  or  Orphan. 

Orphans  to  ba  III.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Orphans 
maTnt'imcrac-  ^^U  be  cducated  and  provided  for,  according  to  their  Rank  and  Degree,  out  of 
cording  to  their  the  Income  or  Intereft  of  their  Eftates  and  Stocks,  if  the  fame  will  be  fufficient ; 
Eftate'  infuffici-  othcrwifc  fuch  Orphan  fliall  be  bound  Apprentice  to  fome  Handicraft  Trade,  (the 
ent,  to  be  bound  Maftcr  Or  Miflrefs  of  fuch  Orphan  not  being  of  the  ProfefTion  of  the  People  called 
t^akcrs.  ""   "  ^takers,)  until  they  lliall  come  of  Age  ;  unlefs  fome  of  the  Kin  to  fuch  Orphan. 

will  undertake  to  maintain  and  educate  him  or  them  for  the  Intereft  or  Income  of 
^'^""fh"d' '°  ^^  ^^^  °^  ^^^  Eftate,  without  Diminution  of  the  Principal  •,  which,  whether  the  fame 

be  great  or  fmall,  fhall  be  always  delivered  to  the  Orphan  when  of  Age. 

Stock  to  be  deli-  IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  ITorfesJ 
b  K^nd  °'^'''"'  Cattle,  Sheep,  and  Hogs,  fliall  be  returned  by  the  Guardian  in  the  Kind  received, 
Plate  and  Money  and  accordiog  to  the  Age  and  Number  when  they  were  received  ;  and  all  Plate 
chiamity!'^  '""'  and  Money  fhall  be  preferved  and  delivered  in  Kind,  according  to  Weight  and 
Slaves,  and  their  Quantity  j  and  all  Slaves,  and  their  Increafe,  (Mortality  excepted,)  fhall  be  de- 
deWcd.  *°  *"  livered  when  the  Orphan  comes  at  Age  :  But  all  Houfhold  Goods  and  Lumber 
Hoiifliiid  Goods  that  may  grow  worfe  before  the  Orphan  may  come  of  Age,  fhall,  by  Order  of 

Court,  be  fold  at  Public  Sale,  and  the  Money  arifing  therefrom  paid,  by  the 

Guardian,  to  the  Orphan  when  at  Age. 

Widow,   bSc.  ^ •  ^ND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.    That  where  any 

bringing  Suit,  Wldow  or  Orphan  fhall  commence  any  Suit  for  Monies  or  other  Legacies  due  to 
f Jear  ;'"ii- no't,  ^Iiem  by  Fotce  of  any  Will  or  other  Gift,  or  due  to  them  from  any  Inteftate's 
Judgment  mall  Eftatc,  the  faid  Court  fhall  adminifter  an  Oath  to  the  Defendant  or  Defendants; 
fo'rTubiethr  and  if  he  or  they  fhall  refufe.  to  anfwer,  upon  Oath,  the  Court  fhall  proceed  to 
give  Judgment  for  the  Plaintiff,  for  double  the  Sum  as  fhall  be  made  appear  to 


Sum  due. 


be  due. 


CHAP. 


LAWS     o/'North-Carolina.  31 


A.  D.    1715. 

C  H  A  P.    L. 


An  A£f^  to  encourage  the  deflroying  of  Vermin.     EXP. 


CHAP.     LI. 

An  AB,  to  afcertain  what  Perfons  are  Tithables,  and  to  direB  the  Me-  ''^^■y.nf.''': 
tbod  to  be  objcvced  in  taking  the  Lijis  of  them.  chap.'  2. 


CHAP.     LII. 

An  A5i,  for  appointing  a  Town  in  the  County  of  Bath,  and  for  fe curing 
the  Public  Library  ^belonging  to  St.  Thomas'i  Parijh,  in  Pamptico. 

I.  -^  -jr  T  H  E  R  E  A  S,  at  the  Requeft  of  Mr.  John  Laivjon,  Mr.  Joel  Martin^  PrcamMe. 

\/y  and  others,  a  certain  Trad  or  Parcel  of  Land,  purchafed  by  them, 
lying  on  the  Old  l^own  Creek,  in  Pamptico^  and  containing,  by  Eftimation,  Six- 
ty Acres,  be  the  fame  more  or  lefs,  being  Part  of  a  larger  Traft  then  belonging 
to  Ba'vid  Perkim,  but  now  in  the  PoffelTion,  and  of  Right  belonging,  to  Colonel 
Thomas  Gary,  and  divided  from  thence  by  a  Line  of  marked  Trees  from  the  Old 
Town  Creek,  to  Mr.  Barrozv's  Line,  now  alio  the  Right  and  Poffeffion  ot  the 
faid  Gary,  was  Incorporated  and  made  a  Townfliip,  by  an  Aft  of  the  General  Af- 
fembly,  made  and  ratified,  at  the  Hoiife  of  Captain  johi  Hccklefield^  the  Eighth 
Day  of  March^  Anno  Domini  One  Thoufand  Seven  Hundred  and  Five,  with  di- 
vers Privileges  and  Immunities  therein,  and  thereby  inverted  in  the  faid  John  Law- 
fon,  Joel  Martin,  and  Nicholas  Daw,  to  and  for  the  Ufes  therein  mentioned  : 
To  promote  therefore  the  Settlement  of  the  faid  Town,  and  for  fecuring  the  Pub- 
lic Library  of  St.  Thomas'?,  Parilli,  in  Pamptico  -, 

II.  B  E  it  EnaFied,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
ahfohite  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice 
and  Gonfent  of  the  reft  of  the  Members  of  the  General  Affembly,  now  met  at  Little 
River,  for  the  North-Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by 

the  Authority  of  the  fame.  That  the  faid  Land  be,  and  it  is  hereby  henceforward  l,„j  .^^^^^^  .,, 
inverted  in  Mr.  John  Porter,  Mr.  Joel  Martin,  Mr.  Thomas^  Harding,  and  Capt.  J^''^;;^^'"^^';';'-;^;'^^. 
John  Drinkwater,  or  any  Two  of  tliem,  to  and  for  the  Ufes  aforefaid,  and  De-  bMoZ!  " 
clared,  Confirmed,  and  Incorporated  into  a  Townlliip,  by  the  Name  ot  Bath- 
Town;  with  all  Privileges  and  Immunities  hereafter  cxprefled,  for  ever. 

III.  PURSUANT  to  which,  //  is  hereby  Ena^ed,  That  convenient  Places  Ground  ht  apart 
and  Proportions  of  Land  be   laid  out  and  preferved,    for  a  Church,    a  Town-  xcwn^iZfe/  & 
houfe,  and  a  Market-place  •,  and  that  the  reft  of  the  Land  which  is  not  already  M.rket-piace. 
laid  out,   be  forthwith  laid  out  into  Lots  of  Half  an  Acre  each,  with  convenient 

Streets  and  Pailages,  by  the  faid  Truftees,  or  aiay  Two  of  them. 

t 

IV.  AN D  be  it  further  EnaBed,  by  the  Authority  ajorefaid.  That  every  Perfon  ^^ny  ^ '''^"^^f '^ 
wi-iatfoever,  who  is  defirous  to  be  an  Inhabitant  of  the  faid  Town,  rtiall  have  Li-  '"'""'' 
bcrty  to  take  up  any  Lot  or  Lots  fo  laid  out  as  aforefaid,  and  not  before  taken 

up  -,  which  Lot  or  Lots  the  Commiflloners  aforefaid,  or  any  I'wo  of  them,  are 
hereby  direfted,  required,  and  impowcrcd,  to  grant,  convey,  and  acknowledge, 

to 


32  L    A     PF    S       O/'     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


0 


yj.  S).. 


JJ_^    to  the  Ferfons  fo  taking  up  the  fame,  and  to  his  Heirs  and  Affigns,  for  ever,  in 

upon  Fiy'nTcnt  of  Fee-SimpIc,  upoH  Paymtot  of  Thirty  Shilhngs,  Confideration-Money,  for  each 

30s.  Lot-,  out  of  which  Monty  the  firft  iAirchafcrs  fliall  be  re-imburfcd  the  firft  Pur- 

chafe,  with  their  reafonable  Charges  and  Difburfeme.nts,  and  the  Overplus  fliall 

be  appropriated  to  the  Ufe  of  the  Church,  to  be  difpofed  of  as  by  the  Veftry  of  the 

Precindl  of  Beauforl  jh.a[\^  from  Time  to  Time,  be  directed  and  appointed. 

Perfons  taking  up  V.  P  RO  V I B  E  D  always.  That  wliat  Perfon  foevcr  fhali  take  up,  and  have 
Houf/thereonin  conveycd  to  him,  any  Lot  or  Lots  as  afore-mentioned,  and  fhall  not  build,  or 
i2  Months.  caufc  to  be  built  thereon,  within  Twelve  Months  after  the  Date  of  the  faid  Con- 
veyance, a  good,  fubftantial,  habitable  Houfe,  or  make  Rich  Preparation  for  fo 
doing  as  the  Court  of  the  Precin6t,  by  View  of  any  Two  or  more  of  the  Juftices, 
Ihall  judge  reafonable  to  fecure  the  fame,  every  fuch  Conveyance  Ihall  be,  and  it 
is  hereby  declared  void  and  of  no  EfFedl:,  as  if  the  fame  had  never  been  made  -, 
and  the  (aid  Lot  or  Lots  fhall  be  free  and  clear  for  any  other  Perfon  to  take  up 
and  purchafe. 

No  Hog,  to  tun       "^I-  -^ND  be  it  further  Enabled,  by  the  Authority  afcrefaid.  That  from  and  af- 

at  :r.rjf,  -n  Pi.  ter  the  Firft  Day  ot  April  next,  no  Perfon  or  Perfons  whatfoever.  Inhabitant,  or 

Cur^to^hc  Poor'  claiming  any  Right  or  Title  to  any  Lots  in  the  faid  Town,  fhall  keep,  raife,  or 

permit  or  faffcr  to  run  at  large  in  the  faid  Town,  any  Hogs  or  Shoats,  under 

the  Penalty  of  forfeiting  the  faid  Hog  or  Shoat ;  One  Half  to  the  Perfon  taking 

up  fuch  Hog  or  Shoat,  and  the  other  Half  to  the  Poor  of  the  Pariili:  And  that 

Lits  how  to  be  no  Perfon,  Inhabitant  ot  the  faid  Town,  or  holding  Lots  there,  Ihall  inclofe  the 

fame,  or  keep  the  fame  inclofed,  under  a  common  Stake  Fence  ;  but  every  Lot 

or  Lots  inclofed,  Iliall  be  either  paled  in,  or  done  with  Pofts  and  Rails. 

Commimoners  to       "^^^-  AN  I)  be  it  further  Enabled,  by  the  Authority  afcrefaid.  That  the  Com- 
removcNufances.  rniflionets  aforcfaid,  or  any  Two  of  them,  have  full  Power  and  Authority,  and 
they  are  hereby  impowered  and  required,  to  remove  all  Nulkncts  within  the  Li- 
mits of  the  aforefaid  Town, 

VIII.  AND  becaufe  in  the  former  Survey  of  the  Lots  that  are  already  furvey-' 
ed,  each  Lot  contains  Four  Pole  more  than  was  warranted  by  the  A(5t  of  AlTem- 
bly,  for  laying  out  the  aforefaid  Land,  and  the  Truftees  for  granting  the  afore- 
faid Lots  having  figned  Sales  for  the  Lands  lying  before  the  Fronts  of  the  Lots, 
contrary  to  the  Authority  granted  them  ;  wherefore,  that  the  fame  may  be  regu- 
lated, and  a  Plat  thereof  made,  fo  as  the  Streets  in  the  faid  Town  may  anfwer 
with  the  Lots  intended  to  be  laid  out  of  the  Land  belonging  to  Col.  Thomas  Cary^ 
adjoining  thereto. 


Re-furvsy  to  te  IX.  BE  it  EnuEled^  That  a  Re-furvey  be  made  of  the  aforefaid  Town  Land, 
by  Order  of  the  Commiffioners  afore-mentioned,  and  that  each  and  every  Perfon 
holding  Lands  or  Lots  in  the  Town  aforefaid,  flaall  have  no  more  in  their  Lots 
than  juft  Half  an  Acre,  purfuant  to  the  firft  Intention  and  Defign  of  fettling  the 
Owners  of  Front  ^^otefaid  Town  ;  ftiU  refcrving  to  the  Owners  or  Poflelfors  of  all  Lots  in  the  a- 
Lof<  to  have  the  forcfaid  Town,  the  Land  lying  before  the  Front  of  their  Lots,  upon  Payment  of 
len  Shilhngs  tor  every  Front,  to  the  Commimoners  in  this  Aci:  appointed,  who 
are  hereby  authorifed  and  required  to  grant,  feal,  and  deliver  Deeds  of  Sale  for 
the  fame. 


Fronts,  for  10  s. 


■wide. 


Principal  Streets  X.  P  RO  FID  E  D  alivays.  That  the  Principal  Streets  in  the  faid  Town  fhall 
l/]!f  '°  ^"'  ^'^  ^^^  Hundred  Feet  wide  at  Icaft  ;  and  that  no  Perfon  fhall  build  or  ered  any 
Edifice,  Houfe,  or  Building,  on  the  Lands  lying  before  the  Fronts,  other  than 
Cellars  or  Vaults,  whofe  Covering  fhall  not  be  above  Ten  Feet  above  the  Ground, 
that  the  Profped  of  fuch  as  build  in  the  faid  Town  may  not  be  incommoded  or 
hindered.  ZH.  AND 


Xv^/^»So/'NoRTH -Carolina.  33 


.■i.    D. 


XI.  A 'NT)  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Church  c^^i^^^XclJil^- 
for  the  Parifli  of  St.  T'homas,  and  the  Court-houfe  for  the  Precindl  of  Beaufort  ^  ■"'<-' '"  b^  tuiu 
and  Hyde,  fhall  be  built  in  the  faid  Town,  on  the  feveral  i'roporcions  or  Lots  of  '"  ^  '^   "'''"■ 
Land  laid  out  for  thofe  Purpoies  ;  and  that  the  Provoft-JN'Iarllial  of  the  County  of 

Bath,  and  the  Clerk  of  the  Court  for  the  Precinft  of  Beaufort,  ihall  keep  their  ^Z''S'.!ko?lt 
refpective  Offices  in  the  faid  Town,  under  the  Penalty  of  Five  Pounds  for  every  c  urt,  to  keep 
Month  he  or  they  fhall  omit  or  negleft  fo  to  do  ;  one  Half  to  the  Informer,  and  Town ° under'" 
the  other  Half  to  the  Juftices  oi  the  faid  Court,  towards  the  finifliing  or  repairing  ivn^uyofsi. 
the  Court-houfe  :  To  be  recovered  by  Adtion  of  Debt,  Bill,  Plaint,  or  Informa- 
tion ;  wherein  no  Proteftion,  Injun6tion,  or  Wager  of  Law,  fhall  be  allowed  or 
admitted  of. 

XII.  AND  be  it  further  Ena^ed,  by  the  Authority  afore  faid.    That  the  Juf-  j.^dues  toj^y  a 
tices  of  the  Court  aforefaid  fhall  have  full  Power  and  Authority  to  levy,  or  caufe  ^'"''  "ot^«ef<3- 
to  levied,  any  Sum  or  Sums  of  Money,  not  exceeding  One  Hundred  Pounds  in  buiwmg  a  Ccurt- 
the  Whole,  upon  the  Inhabitants  or  Ellates  in  the  Precindl  aforefaid,  for  and  to-  ^'''"'^• 
wards  the  eredliing  and  building  the  Court-houfe  afore- mentioned  •,  which  the  faid 

Juftices  are  hereby  required  to  caufe  to  be  built  and  finiihed,  as  loon  as  the  Cir- 
cumftances  of  the  Inhabitants  will  admit  of  railing  the  aforefaid  Sum. 

XIII.  AND  as  a  further  Encouragement  to  the  Settlement  of  the  faid  Town,  Mufier?,  e*,-.  ta 
Be  it  Ena^ed,  by  the  Authority  aforefaid.  That  all  Mufters  for  the  Precinft  of  ^ '"    "^"' 
Beaufort,  Eleftions  of  BurgefLs,  and  all  Bufinefs  and  Affairs  of  the  like  Nature, 

which  properly  belongs  to  the  faid  Precindt,  fhall  be  had,  taken,  done,  and  tranf- 
a6ted  within  the  faid  Town  of  Beth,  and  in  no  other  Place  or  Places  whatfoever. 

XIV.  ANB  he  it  further  Enacted,  by  the  Authority  aforefaid.    That  all  Li-  Ltquors  of  the 
quors  which  are  bona  fide  the  Growth,  Produce,  and  Manufadure  of  the  County  Cr  wth  of  Bath 
of  Bath,  fliall  and  may  be  retailed  in  Town,  for  the  Space  of  Ten  Years  next  af-  !;ta,ied',n"xJ,^ 
ter  the  Ratification  of  this  A61,  by  any  Freeholder  or  Inhabitant  of  the  faid  Town,  without  L-.cenfe, 
without  any  Licenfe  or  other  Permit  for  fo  doing  ;  fubjeifl  neverthelefs  to  the  fe- 
veral Penalties,  Forfeitures,  and  Rc;flri6lions,'  as  by  the  Law  intituled,  Ordinary- 
Keepers  ho':x)  to  fell,  are  made  and  provided. 

XV.  AND  whereas  divers  Perfons  pofTefTed  of  Lots  in  the  faid  Town  do  neg- 
ledt  clearing  the  fame,  and  others  do  permit  fuch  as  have  been  cleared  to  grow 
up  with  Brufh  and  Under-wood,  to  the  great  Annoyance  of  the  Inhabitants  of 
the  faid  Town  ; 

XVI.  B  E  it  Enabled,  by  the  Authority  aforefaid.  That  all  Perfons,  PolTefTors  or 
Owners  of  Lots  in  the  faid  Town,  fhall,  and  they  are  hereby  obliged,  within  to  dear  them,  & 
One  Month  after  the  Ratification  of  this  Aft,  to  clear  all  fuch  Lots  fo  held  or  •''"p '''=■" '■'^• 
pofTcffed  by  them,  from  all  Manner  of  Wood,  Under-wood,  Brufh,  or  Grubs, 

that  are  or  may  be  offenfive  to  the  Inhabitants  of  the  faid  Tov/n,  and  fhall  fo 
keep  the  fame,  from  Time  to  Time,  and  at  all  Times  hereafter,  as  often  as 
Need  fhall  require ;  under  the  feveral  Penalties  and  Forfeitures  hereafter  in  this 
Acl  provided, 

XVII.  A  N  D  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  and  eve-  owners  of  Lot* 
ry  Proprietor,  Owner,  or  Poffeffor  of  any  Lot  or  Lots  in  the  faid  Town,  who  fhall  ""«  clearing  the 
omit  to  clear  the  fame  within  the  Time  before  limited,  fhall  be  liable  and  obliged  to  cira'r'^e'"theJ'eof  I 
pay  the  full  Value  of  the  Charge  of  clearing  the  faid  Lots,  to  the  Truflees  or  Com- 
minioners  aforefaid,  who  are  hereby  appointed,  authorifed,  and  impowered,  to  caufe 

all  fuch  Lots  to  be  cleared  as  fhall,  after  the  Time  before  limited,  lie  uncleared  and 
neglcdled  ;  the  Value  of  which  Work  fhall  be  adjudged  by  Two  Freeholders,  In- 

I  habitants 


for  10  Years. 


Owners  of   h'^t% 


34  LAWS       0/     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 

f^^^_JZllj    ti^bitants  of  the  faid  Town,  (being  firfb  fworn  before  fome  Magifcrate,)  and  fhall 

"riTbP'aaiudg^d  be  recoverable  in  any  Court  ot  Record  within  this  Government,  or  before  Juitices 

*'f  ?/''^''"'''"'  of  the  Peace,  if  under  the  Sum  of  Forty  Shillings,  as  in  the  Ad  for  fmall  and 

mean  Caufes  is  provided,  by  Bill,  Plaint,  or  Information  •,  v.' herein  no  Effoign, 

Protection,  Injundion,  or  Wager  of  Law,  flaall  be  allowed  or  admitted  of. 


to  be  re -placed. 


pommiffioner  XVIII.  AND  be  it  further  EnaBecU   hy  the  Authority  afcrefaid.  That  in  Cafe 

dying,  Jiff,  how  of  |-|^g  Death,  or  Departure  out  of  the  Government,  of  any  of  the  aforefaid  Com- 
mifiioners  for  the  Town,  at  any  lime  hereafter,  the  remaining  Part  of  the  faid 
Commiirjoners,  together  v/ith  the  Juftices  of  the  Court,  are  hereby  authorifed  and 
impowered  to  make  Choice  of  fome  other  Ferfon  or  Perfons  to  fucceed  luch  Com- 
mifTioner  fo  dying  or  departing  as  aforefaid  ;  which  Perfon  or  Perfons  fo  elected 
and  chofen,  fhall,  and  they  are  hereby  invefled  with  as  full  Power  and  Authority, 
to  all  Intents  and  Purpofes  whatfoever,  as  the  prefent  Commiffioners  now  in  this 
A(5t  nominated  and  appointed  ;  that  fo  the  full  Number  of  Commiffioners  may  be 
always  kept  up  and  full. 

XIX.  AND  whereas,  at  the  Promotion  of  the  Reverend  Doftor  Thomas  Bray, 
a  Library  hath  been  f^ni  over  to  Bath-Town^  for  the  Ufe  of  the  Inhabitants  of  the 
Parifh  of  St.  Thomas^  in  PaniPtico  -,  and  it  is  juftly  feared  that  the  Books  belong- 
ing to  the  fame  will  quick  .y  be  embezzled,  daniaged,  or  loll,  except  a  Law  be 
provided  for  the  more  efteclual  Prefcrvation  of  the  fame : 


ComrnifTioners  to 


XX.  B  E  it  therefore  E^iacted^  by  the  Authority  rforefaid-,  That  the  l^iid  Libra- 
appjint  a  Libra!  ^y  fliall  be,  continuc,  and  remain  in  the  Hands,  Cuilody,    and  PolTeffion  of  a 
ry-!teeper.         Library-keeper,  to  be  eleded,  nominated,  and  appointed  by  the  Commiffioners 
hereafter  by  this  A61  appointed,  or  the  major  Part  of  them  ;   which  faid  Library- 
bieforthe  fame'  keeper  is,  and  fliall  be  her.  by  bound  and  obliged,  to  keep  and  preferve  the  feveral 
and  rcfpcdive  Books  therein,  from  Waftc,  Damage,  Imbezzlement,  and  all  other 
Dfcftrudion,  (Fire,  and  all  other  unavoidable  Accidents,  only  excepted,)  and  is 
and  ffiall   be  hereby  accountable  for  the  fame,  and  every  Book  thereof,  to  the 
To  give  two  Re-  CoiTimiffioners  hereafter  nominated;  and  to  that  End  and  Furpofe,  the  faid  Li- 
the co'mm  ffinn-  brary-kceper  fhall  pafs  Two  Receipts  for  the  Library  aforefaid,  one  to  the  Com- 
chuicir  '^d"' '°  iniffiioners  hereafter  named,  and  the  other  to  the  Churchv/ardens  of  the  faid  Parifh 
for  the  Time  being,  in  which  Receipts  the  Title  of  each  Book  fliall  be  inferted  : 
If  d.ima{:cd.  to    And  in  Cafe  all  or  any  of  the  Books  is  or  Ihall  be  found  to  be  walled,  damaged, 
vlk,'""^""''''^ '"^  or  embezzled,  or  otherwife  defl:royed,  (except  as  before  excepted,)  the  faid  Li- 
brary-keeper, his  Heirs,  Executors,  and  Adminifl:rators,  pre  and  fnall  be  hereby 
bound  and  obliged  to  anfwer  double  the  Value  of  the  fame ;  and  the  faid  Com- 
miffioners are  hereby  impowered  to  fue  for  the  fame,  in  any  Court  of  Record  in 
this  Province,  by  Bill,  Plaint,  or  Information,  or  other  Adion  ;  wherein  no  Ef- 
foign, Protection,  Injunction,    or  V/ager  of  Law,  fhall  be  allowed  ;    and  that 
what  thereby  fliall  be  recovered,  (reafonable  Charges  and  E.xpences  deduftcd,) 
To  be  employed  to  employ  and  difpofe  of  towards  the  compleating  and  perf.6ting  the  aforefaid 
towards  perfeft.  Library  fo  waflred,  endamaged,    embezzled,    or  otherwife  deftroved,  within  the 

ing  the  Library.      ~  r^r^iA/rirriT-. 

Space  ot   1  welve  Months  after  luch  Recovery. 


On  D;ath,  cgc.       XXL  A  N  D  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  In  Cafe  of 


Keeping,  all  the  Books  belonging  to  the  faid  Library, 

the  fame  to  the  Commiffiioners  hereafter  in  this  Act  nominated. 

Churchwardens         XXII.  A  N D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Church- 
Bo!ks^   to'' give  wardens  of  St.  Thomas'?,  Parifli,  in  Pamptico,  upon  the  receiving  the  Books  be- 
Notice  to  the     longing  to  the  faid  Library,  fliall  compare  the  fame  with  the  Catalogue  and  Re- 
ceipt 


L    A    iV    S>      o/'     N  O  R  T  H  -  C-A  RX)  L  I  N  A.  35 


ceipt  for  the  fame  in  their  Cuftody  •,  and  if  any  of  the  Eooks  are  wanting  or  da-  ^-  -D-  1715- 

maged,  they  fhall  give  an  Account  thereoi-;  in  Twenty 'Days  at  fartiicil,    to  the  c^^^^^^X^n 

Commiffioners  hereafter  mentioned,  who  are  impowered  to  fue-  th'fi  fkid  Libra-  20  Days. 

ry-keeper,    or  in  Cafe -of  his  Death,    his  Executors  or  Adminiftrators,    for  the 

fame  :  And  in  Cafe  the  faid  Cluirchwardens  refui'e  or  negledt  to  give  fuch  Account,  if  not,  to  be  an- 

then  the  iaid  Churchwardens,    their  Heirs,    Executqrs,    or  Adminiftrators,  and  limcf' ^  ^^'  *'"' 

every  of  them,  are  hereby  made  accountable  to  theCommiflioners  hereafter  named 

for  all  the  Books  belonging  to  the  fliid  Library,  and  contained  in  the  Catalogue 

thereof. 

XXIII.  AND  he  H  further  Enacted,  hy  the  Authority  aforefaid.  That  the  faid  Commiflioners  to 
Commiffioners,   or  any  Five  of  them,    within  Twenty  i3ay3  after  fuch  Notice  ^ee^^r,  JiS'20 
given,    Ihall  forthwith  proceed  to  the  Eleftion  of  another  Library-keeper,    to  Days  Nctic^. 
whofe  Cuftody  and  fafe  Keeping  the  faid  Library,  and  every  Book  therein  con- 
tained, iliall  be  forthwith  delivered  by  the  faid  Churchwardens,  by  Order  of  the 

faid  Commiflloners  -,  which  faid  Library-keeper  fo  cledled,-  fliall  continue  in  the 

fame  Office,    unlefs  removed  by  the  faid  CommilTicners,  or  the  major  Part  of 

them,  (which  they  are,  upon  a  juft  Occafion,  hereby  impowered  to  do,)  or  until  )fo''v°d"''' ''^ '^' 

the  Settlement  of  a  Minifter  in  the  faid  Farifl-i  -,  which  faid  Minifcer  or  Incumbent  Minifler  of  the 

ihall,  ex  officio,  be  Library-keeper,    and  fhall  be  anfwerable  for  the  liime  to  the  br'Try-k^eper.  " 

Commiilioners  aforefaid,  in  Manner  as  is  by  this  Ad:  directed. 

XXIV.  PROVIDED  ahvays.  That  the  faid  Library  ftal!  not  be  removed  l  trary  not  to  b. 
out  of  Bath-Tcwn,  other  than  to  the  Incumbent's  Houfe  •,  and  not  thither,  with-  removed  cut  of 
out  Liberty  firft  had  and  obtained  from  the  faid  Commiflloners,  or  the  major     °'^"' 

Part  of  them. 

XXV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  In-  inhabu^nts  ma? 
habitants  of  Beaufort  Precinft  fnall  have  Liberty  to  borrow  any  Book  out  of  the  borrow  b  oks,  to 
faid  Library,  giving  a  Receipt  for  the  fame  to  the  Library-keeper  for  the  Time  umUed  xLe."  * 
being,  with  a  Promife  to  rtturn  the  fiid  Book  or  Books,  if  a  Folio,    in  Four 

Months  Time  -,  if  a  §lj.artc,  in  Two  Months  Time  ;  if  an  Octavo,  or  under,  in 
One  Month's  Time  •,  upon  Penalty  of  paying  Three  Times  the  Value  of  the  faid 
Book  or  Books  fo  borrowed,  in  Cafe  of  Failure  in  returning  the  fame  :  And  the 
faid  Library-keeper  is  hereby  obliged  to  enter  fuch  Receipt  in  a  Book,  to  be  fairly 
kept  for  that  Purpofe,  and  upon  the  Return  of  any  Book  or  Books  fo  lent,  lliall 
note  it  returned  on  the  oppofite  Side  or  Column  of  the  faid  Book,  and  not  crofs 
or  blot  the  fame  :  And  in  Cafe  the  Perfon  that  borrov/s  any  Book  or  Books  out  Borrower   of 
of  the  faid  Library,  doth  refufe  to  return  the  fame,  or  doth  damnify  the  faid  fi,rn^n,"th„m%3 
Book,  upon  Complaint  thereof  given  by  the  faid  Library-keeper,  his  Executors  forfeit"  three' 
or  Adminiftrators,  to  Tv/o  or  more  of  the  Commiflloners,  and  by  them,  or  any  "^'"'^  '•"'^*'''-* 
Five  of  them,  to  the  Chief  Juftice  of  the  Province  for  the  Time  being,  or  any 
Two  Juftices  of  the  Peace,  it  faall  be  lawful,  and  the  faid  Chief  Juftice,  or  any 
Two  Juftices,  are  hereby  impowered  and  required,  by  Warrant  of  Diftrefs,  di- 
rected to  any  of  the  Ccnftables  of  the  faid  Precin6l,  to  levy  Three  Times  the 
Value  of  fuch  Book  or  Books,  on  the  Goods  and  Chattels  of  the  Perfon  fo  refufing 
to  deliver,  or  damnifying  the  fame  ;  and  for  Want  ct  fuch  Diftrefs,  to  commit 
the  Perfon  to  Prifon,  till  Satisfaction  be  made  to  the  faid  Library-keeper. 

XXVI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Commiffioners  to 
Commiflloners  hereafter  named,  fhall  make,  or  caufe  to  be  made,  fevcral  Cata-  and  fign  them.  ' 
iogues  of  all  and  fingular  the  Books  in  the  faid  Library,  and  the  fame  being  fairly 

written,  and  figned  by  the  faid  Commiflloners,  or  fome  Five  of  them.  One  to  be 
entered  i;pon  Record  in  the  Secretary's  Office  of  this  Province,  One  to  be  in  the 
Cuftody  and  for  the  Ufe  of  the  Commiflloners  hereafter  named,  under  which  the  Catalogues  where 
Library-keeper  fhall  fign  a  Receipt  for  the  refpedive  Books,  One  to  be  in  the    °  '^  °  ^^  • 

Cuftody 


36  Z,^>^F  /So/'    North-Carolina. 


^  ■      '"■'     Cuftody  of  the  Churchwardens  of  St.  "fbomas's  Parifh  for  the  Time  being,  under 
^""""''^''''^    whicli  the  Library-keeper  fhall  aifo  fign  a  Receipt  for  the  refpedtive  Books,  and 
One  to  be  fairly  ent<:red  in  a  Book  for  that  Purpofe  to  be  kept  by  the  Library- 
keeper  in  the  faid  Library  i  that  fo  any  Perfon  may  know  what  Books  are  con* 
tained  therein. 

CommhT.oAers  to  XXVIT.  AND  be  it  further  Enacted,  hy  the  Authority  af ore/aid.  That  the 
rate  the  Books.  Commiflioners,  or  any  Five  of  them,  hcrealcer  named,  after  making  One  exadt 
Catalogue  of  all  and  fmgular  the  refpe6live  Books  in  the  faid  Library,  fliall,  and 
are  hereby  dire6tcd,  to  appraife  and  rate  each  Book,  at  a  Price  certain  in  the  Cur- 
rent Money  of  this  Province  ;  which  Appraifment  fhall  be  an  eftablifhed  Rule  to 
determine  the  Value  of  the  faid  Books,  in  Cafe  any  Suit  is  brought  by  the  faid 
Commiffioners  againft  any  Perfon  that  fliall  detain  or  damnify  any  of  the  faid 
Books,  or  againft  the  Library-keeper,  his  Executors  or  Adminiflrators. 

eonimTffioners  to  XXVIII.  A  N D  be  it  further  Etuuted,  by  the  Authority  aforcfaid.  That  the 
«>camiiie  the  Li-  Commiflioners  hereafter  named,  or  any  five  of  them,  fhall,  every  Year,  on  Ea- 
.-rarycncea  "''•  -^^^  ^jr^^^^^^  y^^j-jy^  rcfort  to  the  Houfc  whcre  the  faid  Library  fhall  be  kept, 
and  there  examine  tlie  Books  therrot  by  the  Catalogue,  and  lee  that  ther^  be  the 
full  Number,  and  that  tacy  are  not  damaged  or  Ipoiled  •,  and  therefore  the  Li- 
brary-keeper is  hereby  reouircd,  in  lending  any  of  the  faid  Books  out  of  the  faid 
Library,  notwithltanding  the  Time  ufually  allowed  by  this  Ad:,  to  oblige  the  faid 
Perfon  to  return  fuch  Books  as  they  borrow  to  the  faid  Library-keeper  Ten  Days 
before  the  faid  Eo.fier  Monday^  Yearly,  tiiat  fo  all  and  fingular  the  Books  belong- 
ino-  to  the  Library  aforesaid,  may  be  expofed  to  the  View  of  the  faid  Commiffion- 
ers, the  better  to  enable  them  to  judge  if  they  be  any  ways  damaged  or  fpoiledj 
and  give  their  Orat  r  accordingly. 

eommifl1o„e«  XXIX.  A  N  D  be  it  further  Ena5led,  by  the  Authority  aforefaid.  That  the 
named  and  ap-  Honourabk  Charks  Eden,  Efq-,  prefcnt  Governor,  and  the  Governor  or  Com- 
pointed.  niandcr  in  Chief  for  the  Time  being,  the  Members  of  the  Council  for  the  Time 

being,  Chriflcfher  Gok,  Efq;  Chiet  Juftice,  and  the  Chief  Juftice  for  the  Time 
beino-,  J^obias  Kmght,  Efq-,  Secretary,  and  the  Secretary  for  the  Time  being. 
Col.  Edzoard  Mofeley,  Speaker  of  this  prefent  Aflembly,  and  the  Speaker  for  the 
Time  being,  Daniel  Richardfon,  Efq-,  Attorney-General,  and  the  Attorney-Gene- 
ral for  the  Time  being,  the  Members  of  the  Precindl  Court  for  the  Time  being, 
Capt.  Frederick  Jones,  Mr.  John  Porter,  Mr.  Joel  Martin,  Capt.  John  Drinkiva- 
ter,  Mr.  John  Clark,  Mr.  Patrick  Maule,  Mr.  Thomas  Worfeley,  Mr.  Lionel 
Reading,  Mr.  James  Leigh,  and  Mr.  Thomas  Harding,  or  any  Five  of  them,  are 
hereby  nominated  to  be  Commiflioners  and  Truftees,  for  the  due  Infpe6lion  and 
Prefervation  of  the  Library  aforefaid,  and  all  and  fingular  the  refpeftive  Books  to 
the  fame  belonging  ;  and  they,  or  any  Five  of  them,  fhall  have  Power  to  com- 
mence or  bring  any  Suit  or  Aclion  given  by  this  Aft. 

In  Cafe  of  Death      XXX.  A  N  D  In  Cafe  of  the  Death  or  Abftnce  of  any  of  the  Commiflioners 
re(fo'f?h"cum!  who  are  by  this  Aft  particularly  by  Name  before  appointed,  then  the  furviving 
miflioners  to  ap-  Commiffioners,  or  any  Five  of  them,  at  their  next  Meeting  after  fuch  Vacancy, 
point  otheij.       ^^^  hereby  fully  authorifed  and  impowered  to  make  Choice  of  another,  in  the  Place 
and  Stead  of  him  or  them  who  lEall  be  dead  or  abfented  ;  which  faid  Commif- 
fioners fo  elefted  fliall  be  invefted  with  the  fame  Authority,  as  if  he  had  been  be- 
fore in  this  Aft  particularly  named  and  appointed. 

CommiiTioners  to      XXXI.  A  N  D  be  it  further  Enabled,  by  the  Authority  aforcfaid.  That  the  Com- 

h^^I'tZ^ci    miffioners  above  named,  or  any  Five  of  them,  after  having  examined  the  Catalogue 

of  Books,  and  difcovered  what  are  wanting,  fhall  fummons  fuch  Perfons  as  have 

the  faid  Books  in  their  Cuftody,  to  deliver  the  fame,  within  Twenty  Days  after 

fuch 


Lyil'l^S    of    North-Carolina.  37 


Books,  to   Ac- 
count. 


llicK  Notice  in  Writing  left  with  the  Perfon,  or  at  his  iifuul  Place  of  Abode  ;  and    ^  ^    '7 
in  Cafe  any  Perfon  fliall  fail  or  refufe  to  deliver  the  faid  r.fpeftive  Books  to  the  ^        ^ 
faid  Com milli oners,  then  the  faid  Commiflloners,  or  any  Five  of  them,  are  here- 
by required,  direfted,  and  impowered,  to  take  fuch  Meafure  for  the  Recovery  of 
the  fame,  or  treble  the  "\'alue  thereof,  as  is  before  by  this  A61  prcfcribed. 

XXXII.  J  ND  l?e  it  further  Ena£fed^  hy  the  Authority  aforefaid^  That  all  Per-  Perfons  who  hn-.e 
fons  that  have  borrowed,  or  have  in  their  Cuftody,  any  of  the  Books  belonging  ^:^>^^>  to  return 
to  the  Library  aforefaid,  Haall,  on  or  before  the  next  £^7?fr  M?W(3r,  return  the  E^^r  Monday. 
fame  to  the  prefent  Library-keeper,  under  the  Penalty  of  the  Forfeiture  of  treble 

the  Value  of  each  Book  not  returned  as  aforefaid  ;  the  better  to  enable  the  Com- 
miffioners  before  named  to  make  a  perfect  Catalogue  of  the  Books  belongino-  to 
the  faid  Library. 

XXXIII.  A  N  D  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  for  the  aii  Towns  toe. 
further  Encouragement  of  the  Town  of  Bath^  and  all  other  Towns  now  or  here-  '^"^  o"e  Burgefs. 
after  to  be  built  within  this  Government,  it  fliall  and  may  be  lawful  for  the  Free- 
holders of  the  faid  Town  of  Bath,  and  of  all  other  Towns  now  or  hereafter  to  be 

built  v/ithin  this  Government,  at  all  Times  hereafter  when  Reprefentatives  or  Bur- 
geffes  are  to  be  chofen  for  the  Precind  wherein  the  Town  lies,  to  eled  one  Bur- 
gefs to  reprefent  the  fame  in  all  fucceeding  Affemblies. 

XXXIV.  PROVIDED  always.  That  this  Elecflion  for  Members  of  AfTem-  p.„v:ro. 
bly  to  ferve  for  the  Town  of  Bath,  or  any  other  Town  whatfoever,  fhall  not  be- 
gin or  commence  till  fuch  Town  fhall  have  at  leaft  Sixty  Families. 

XXXV.  PROVIDED  alfo.  That  nothing  in  this  Adl  contained,  fliall  be  Provifo, 
held  or  taken  to  limit  or  hinder  the  Inhabitants  of  Newbern  from  fending  a  Re- 
prefentative  to  the  Afiembly,  being  hereby  allowed  although  there  fliould  not  be 
Sixty  Families  inhabiting  in  the  faid  Town. 


CHAP.     LIII. 

An  ASf,  concerning  Ordinary-keepers  and  tipplijig-houfes,  Rep.byAa,  a. 

pril^,  1 74 1. 


Chap.  20. 


CHAP.    LIV. 

An  A£i,  afcertaining  the  Currency  of  Dollars.     O  B  S. 


C  H  A  P.    LV. 

An  A£f,  afcertaining  the  Damage  upon  protefled  Bills  of  Exchange.        Rep.byAa,^, 

/"■"'4>  1741. 


Chap,  16. 


CHAP.    LVI. 

PiMck  Letters  how  to  be  conveyed.     O  B  S. 

K  CHAR 


38  Z,^^5o/'    North-Carolina. 

A.  D.    1715. 

'-'^^"-^  CHAP.     LVII. 

Rep.  by  Aft,    ^^  ^^^  fQ  prevent  taking  Boats^  Canoes,  and  Pettiaguas,  from  Landings, 

Chap.  %. '     *  without  Leave. 


CHAP.     LVIII. 

t^ep.  hv  Aft,  An  Act.  to  ascertain  Officers  Fees. 

April   6,     1748.  '  J  Uf 

Chap,  2. 


CHAP.    LIX. 

An  AB,  for  refirainijig  the  Indians  from  jnolejling  or  injuriiig  the  Inha^ 
bitants  of  this  Government ^  and  for  fecuring  to  the  Indians  the  Right 
and  Property  of  their  own  Lands. 

ftwrnbic.  I.  XTTTHEREAS  before  the  late  War,  daily  and  grievous  Complaints  of 

Y  Y  the  Depredations  and  Infults  of  the  Indians  were  exhibited  againft  them, 
by  divers  Perfons  bordering  upon,  and  refiding  near  to  the  Habitations  of  the  faid 
Indians :  For  the  Prevention  of  the  like  Diforders  for  the  Time  to  come,  and  for 
the  cultivating  a  better  Underftanding  with  the  faid  Indians^  the  Want  ot  which 
has  been  fo  injurious  to  the  Government ; 

II.  Be  it  Enabled,  by  his  Excellency  the  Palatine,  and  the  reji  of  the  true  and 

absolute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent   of 

this  prefent  General  Jffembly,    now  met  at  Little  River,  for  the  North-Eaft  Part 

of  the  faid  Province.,  and  it  is  hereby  EnaEled  by  the  Authority  of  the  fame.  That 

■hi;ari%  kuiing    whoevcr  Ihall  difcover  or  find  any  Indian  or  Indians  killing,  hunting,  or  in  Pur- 

^°''i"b^^"'''    ^"^'^  °^  ^"y  Hovfes,  Cattle,  or  Plogs,  the  Right  and  Property  whereof  is  in  any 

Tiiiiied.  white  Man,    inhabiting  within  this  Government,    every  fuch  Perfon"  or  Perfons, 

on  Difcovery  or  Sight  thereof,  may,  and  he  is  hereby  impowered,  to  apprehend 

and  feize  every  fuch  Indian  or  Indians,   and   him  or  them  fo  apprehended  and 

taken,  to  convey  before  fome  one  of  the  CommifTioners  to  be  appointed  for  Indian 

Affairs,  and  for  want  of  fuch,  before  the  next  Magiflrate  •,  which  faid  Commif- 

fioner  or  Magiftrate,  together  with  the  Ruler  or  Head  xMan  of  the  Town  to  which 

fuch  Indian  Delinquent  may  belong,  is  and  are  hereby  impowered  to  punilli  every 

fuch  Delinquent  in  fuch  Manner  as  the  Nature  of  the  Offence  may  require,  and  to 

Right  to  appeal,  award  Reflitution  to  the  Party  injured  for  all  Damages  by  him  fuftained  ;  faving 

always  the  Right  of  Appeal  to  the  Governor  and  Council,  if  either  Party  fhall 

think  themfelves  aggrieved  or  wronged  thereby. 

D;fFerenccs  be-  HI.  A  IS!  D  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Dif- 
^hite  McnThow  fetencc  fhall,  for  the  future,  arife  between  any  white  Man  and  Indian,  concerning 
lobe  determined.  Trade,  or  otherwifc  howfoever,  every  fuch  Difference  fhall  be  heard,  tried,  and 
determined  by  fuch  Commiflioners  as  the  Governor  or  Commander  in  Chief  for 
the  Time  being  fhall  appoint,  together  with  the  Ruler  or  Head  Man  of  the  Town 
to  which  the  Indian  belongs  ;  faving  only  the  Right  of  Appeal,  as  i?  herein  before 
faved  and  excepted. 

IV.  AND  whereas  there  is  great  Reafon  to  believe,  that  Difputes  concerning 
Land  has  already  been  of  fatal  Confequence  to  the  Peace  and  welfare  of  this  Co- 
lony 9. 


y 

avSy 
nt 


Z,^/'^6'(?/'North-Carolina.  39 

lony  ;  Be  it  further  Enacted^  by  tJe  Aulhority  aforefaid.  That  no  white  Man  Ihall,    ^-  '^'  _]^ 
for  any  Confideration  whatlbever,  purchafe  or  buy  any  Trad  or  i^arcel  of  Land,  NTpIdbT^ 
claimed  or  aclually  in  ioifenion  of  any  hdian,  without  fpccial  Liberty  for  fo  do-  Lands  of  ^,<//fl^i 
ing  from  the  Governor  and  Council  firil  had  and  obtained,  under  the  Penalty  of  of  Governor"  and 
Twenty  Pounds  for  every  Hundred  Acres  of  Land  fo  bargained  for  and  pur-  ^'"""'■''• 
chafed ;  one  Half  to  the  Informer,  and  the  other  Half  to  him  or  them  that  fliall 
fue  for  the  fame  :  To  be  recovered,  by  Bill,  Plaint,  or  Information,  in  any  Court 
of  Record  within  this  Government  ■,  wherein  no  EiToign,  Protedion,  Injundion, 
or  Wager  of  Law,  lliall  be  allowed  or  admitted  of 

V.    AND  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  whatever  whka  Men  not 
white  Man  fliall  defraud  or  take  from  any  of  the  Indiam  his  Goods,  or  (hall  beai:,  ''"^''^'^^■"^^'""• 
abufe,  or  injure  his  Perfon,  each  and  every  Perfon  fo  offending,  fhall  make  full 
Satisfa6lion  to  the  Party  injured,  and  fhall  fuffer  fuch  other  Punifhment  as  iie 
fliould  or  ought  to  have  done,  had  the  Offence  been  committed  to  an  EngUfhmc.n. 


CHAP.     LX. 

Fiiblick  Treafurers  to  give  Account. 

I.  "jn^  O  R  Prevention  of  Frauds  in  the  Management  and  Difpofal  of  Public 
J^    Monies  •, 

II.  B  E  it  Ena^ed,  by  his  Excellency  the  Palatine,  and  the  refl  of  the  true  and 
abfolute  Lords  Proprietors  of  the  Province  of  Carolina,    by  and  with  the  Advice 
and  Confent  cf  the  reft  of  the  Members  of  the  General  Affembly,  now  met  at  Little 
River,  for  the  North-Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by 
the  Authority  of  the  fame.  That  all  Perlbns  whatfocvcr  within  this  Province,  (be 
they  of  what  Qiiality  or  Condition  foever,)  that  formerly  have  been,  now  are,  or  itfnedwkhPub- 
hereafter  fhall  be  Treafurers,  Collectors,   or  Receivers  of  PubUc  Monies,  now  i'<:  Money,  w 
railed,  or  hereafter  to  be  raifed,  by  the  Authority  of  the  General  A ffembly,  or  ASir.''*'""' 
who  by  any  Ways  or  Means  have,  are,  or  fhall,  for  the  future,  be  poflefTed  of 
the  fame,  or  any  Part  thereof,  fliall,  from  Time  to  Time,  and  at  all  Times  here- 
after, be  accountable  to  the  General  Affembly,  or  to  fuch  Commiflioners  as  fhall 
or  may  be  appointed  by  the  Authority  of  the  fame,  and  to  no  other  Perfon  or 
Perfons  whatfoever. 


CHAP.     LXI. 


An  A5i,  for  a  Toivn  on  Roanoke  Ifland,  for  the  Encouragement  of  Tirade  ^^^p-  ^v   ^^> 

^  r  ■c.-'     ■  i>       .  ^  ^  iV«,.  23,  1713. 

from  roreign  rarts.  chap.  12. 


CHAP.    LXIL 

An  A£i,  for  ralfmg  Corn,  to  fatisfy  the  Debt  due  from  this  Government^ 
to  the  Hofiourable  Charles  Craven,  Efq;  Governor  of  South-Carolina  ; 
and  for  the  Subf fiance  of  fuch  Forces  as  Jhall  be  raifed  for  the  7iecejfary 
Defence  of  the  Frontiers  of  this  Government,     O  B  S, 

CHAP. 


LA   IV  S    of    North-Carolina. 


CHAP.     LXIIL 

A?i  ASi,  for  raifing  the  Sum  of  Two  Thoifand  Pounds,  Annually,  till  the 
Public  Debts  are  anfwered  ahd  paid,  for  the  better  encouraging  the 
Currency  of  the  Public  Bills  of  Credit.     O  B  S. 

CHAP.     LXIV. 

An  ABy  intpoiDerihg  Johanna  Peterfon,  Widow  of  Thomas  Peterfon, 
late  of  Albemarle  County,  Efq;  to  make  Sale  of  certain  Lajids,  late  be- 
longing  to  the  faid  Thomas  Peterfon  j  and  to  make  other  Pi'ovifion  for 
Anna,  the  Daughter  of  the  faid  Thomas  Peterfon,  to  whom  the  faid 
hafids  do  defcend. 

FrivatE.  I,  "TTTHEREAS  'Thomas  Peterfon,   late  of  Albemarle  County,    Efq;  died 

YY  feifed  and  pofTefTed  in  his  Demefne,  of  Fee,  of,  in,  and  to  a  certain 
Plantation  or  Traft  of  Land,  lying  in  the  Fork  of  ^een  Anne's  Creek,  in  Chowan 
Precinft,  containing,  by  Eftimation,  Four  Hundred  Acres,  be  the  fame  more  or 
lefs,  butted  and  bounding  to  the  Eajlzvard  on  the  Town  Land,  and  to  the  TVeJl- 
ward  on  SlocomFs  Creek  •,  and  alfo,  of,  in,  and  to  one  Half  Acre  or  Lot  of  Land 
in  Bath-Town,  butting  and  bounding  to  the  Southward  on  the  Lot  of  Col.  Ilpher 
Gale,  and  to  the  Northward  on  one  of  the  Crofs  Streets  •,  which  faid  Plantation 
and  Lot  of  Land,  do  defcend  unto  Anna,  an  Infant,  the  Daughter  of  the  faid 
Thomas :  And  whereas  Johanna,  the  Mother  of  the  faid  Anna^  by  her  Petition 
preferred  to  this  Aflembly,  is  very  wiUing,  for  the  Advancement  of  the  i'a.idAn7m's 
Portion,  to  relinquifh  her  Right  of  Dower  of>  in,  and  to  the  faid  Lands  and  Lot, 
provided  tliat  the  fame  Lands  and  Lot  may  be  fold,  to  and  for  the  Ufe,  Benefit, 
and  Intereft  of  the  faid  Anna,  the  faid  Lands  and  Lot  now  having  confiderable 
Improvements  thereon,  which  makes  them  valuable  -,  which  otherwife  will  be  very 
much  impaired  and  ruined  before  the  fxid  Anna  fhall  come  of  Age  :  Wherefore, 

II.  B  E  it  Enacted,  hy  his  Excellency  the  Palatine,  and  the  reji  of  the  true  and 
ahfolute  Lords  Proprietors  of  the  Province  of  Carolina,  h  and  with  the  Advice  and 
Confent  of  the  reft  of  the  Members  of  the  General  Affemhly,  now  met  at  Little  Ri- 
ver, for  the  North-Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enabled,  by 
the  Authority  of  the  fame.  That  the  faid  Johanna  be,  and  llie  is  hereby  impowered, 
to  bargain,  fell,  alien,  enfeoff,  and  transfer  the  faid  Plantation  or  Trad  of  Land 
lying  in  the  Fork  of  ^een  Anne's  Creek,  in  Chozvan  Precinft,  containing,  by 
Eftimation,  Four  Hundred  Acres,  be  the  fame  more  or  lefs,  butting  and  bound- 
ing to  the  Eaflward  on  the  Town  Land,  and  to  xhclVeftward  on  Slocomb's  Creek-, 
alfo  one  Half  Acre  or  Lot  of  Land  in  Bath-Town,  butting  and  bounding  to  the 
Southward  on  the  Lot  of  Col.  Ilpher  Gale,  and  to  the  Northward  on  one  of  the 
Crofs  Streets  •,  or  any  Part  or  Parcel  of  the  fame,  to  any  Perfon  or  Perfons  that 
fhall  be  willing  to  give  moft  Money  for  the  fame  •,  to  have  and  to  hold  the  fame 
to  fuch  Purchafer  or  Purchafcrs,  his  or  their  Heirs  and  Afligns,  for  ever. 

III.  AND  for  the  better  fecuring  the  Money  arifing  by  fuch  Sale,  to  and  for 
the  Ufe,  Benefit,  and  Intereft  of  the  faid  yinna,  her  Heirs  and  Afligns  ;  It  is  here- 
by further  Enabled,  That  immediately  at  and  upon  the  Sale  of  the  aforefaid  Plan- 
tation or  Trad  of  Land,  and  Lot,  or  any  Part  of  the  fame,  the  faid  Aitna  fhall 
ftand  and  be  feifed  in  her  Demefne,  as  of  Fee,  of,  in,  and  to  one  certain  Planta- 
tion or  Trad  of  Land,  whereof  the  faid  Johanna  is  and  now  ftands  feifed  and 

poITelfed 


LAWS    of    North-Carolina.  41 


poflefled  of,  in  Feqiiimons  Prccind,  containing,  by  Kfliniation,  One  Hundred 
and  Seventy  Acres,  be  the  fame  more  or  lefs,  fituate,  lying,  and  being  on  Caftle- 
ton's,  or  Laker's  Creek,  butting  and  bounding  on  the  Lands  of  Inliana  Lakers 
and  Richard  Skinner ;  to  have  and  to  hold  the  fame  Pkntation  or  Tracl  of  Laftd, 
to  her  the  faid  Anna^  her  Heirs  and  AlFigns,  in  Fee-Simpk,  with  Condition,  that 
if  the  faid  Johanna  do  pay  the  Monies  ariiing  by  fuch  Sale  to  the  faid  Anna^  at 
and  upon  her  Arrival  to  the  Age  of  Eighteen  Years,  or  Day  of  Marriage,  or 
otherwise  appropriate  the  Monies  arifing  by  the  Sale  of  the  aforefaid  Plantation  or 
Traft  of  Land  at  the  Fork  of  ^leen  Annc\  Creek,  and  Lot  aforefaid,  by  pur- 
chafing  young  Female  Slaves  for  the  Uie  of  the  faid  Anna  -,  then  the  aforefaid 
Eftate  of  the  faid  Ayina^  of,  in,  and  to  the  afore-mentioned  Plantation  or  Trad;  of 
Land  in  Pequimons  Precintf,  to  be  invalid  and  of  no  Force  or  EfFedt. 


A.   L>.     1715 


C  H  A  P.     LXV. 

An  A5l^  Confirming  the  Titles  of  fiindry  Perfons  who  have,    or  hereafter 
may,  pur  chafe  La?ids  of  Col.  Thomas  Cary,  in  Bath  County. 

I.  TTTHEREAS  Col.  Thomas  Cary  taking  up  and  purchafing  divers  Lands  PriMte. 

VV  ^^^  Plantations  in  Bath  County,  the  Deeds  or  Patents  paffed  for  the 
fame  have  been  taken  in  the  Name  of  John  Cary,  an  Infant,  Son  of  the  faid 
ThomaSy  although  the  Purchafe-Money,  or  Confideration  paid  for  the  fame,  was 
actually  and  bona  fide  the  Monies  of  the  faid  'Thomas,  and  by  him,  the  faid  Tho- 
mas, paid :  And  whereas  the  faid  Thomas  Cary  having  bargained,  fold,  aliened, 
and  transferred  unto  divers  Perfons,  and  their  Heirs,  feveral  Trafts  or  Parcels  of 
Land,  in  Bath  County  aforefaid,  and  is  intended  to  bargain,  fell,  and  transfer  the 
remaining  Part  of  the  aforefaid  Lands  in  Bath  County  :  Wherefore,  for  avoiding 
Difputes  that  may  hereafter  arife  concerning  the  aforefaid  Title,  taken  in  the  a- 
forefaid  John  Gary's  Name,  and  for  eafing  and  quieting  the  Minds  of  fuch  Per- 
fons as  have  purchafed  the  fame,  or  may  hereafter  purchafe  from  the  faid  Thomas 
Cary,  and  purfuant  to  the  Petition  of  the  faid  Thomas  Cary ; 

II.  B  E  it  EnaEled,  by  his  Excellenty  the  Palatine,  and  the  rejl  of  the  true  and 
abfohjte  Lords  Proprietors  cf  the  Province  of  Carolina,  by  and  with  the  Advice 
and  Confent  of  the  reft  of  the  Members  of  the  General  AJfembly,  now  met  at  Little 
River,  for  the  North-Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by 
the  Authority  of  the  fame.  That  all  and  fingular  the  Bargains,  Sales,  Alienations, 
and  Conveyances,  already  made  and  paffed,  or  hereafter  to  be  made  and  paffed, 
by  the  faid  Thomas  Cary,  unto  any  Perfon  or  Perfons  whatfoever,  their  Heirs  and 
Affigns,  of,  in,  and  to  any  of  the  Lands,  Tenements,  and  Plantations,  in  Bath 
County,  which  lately  were,  or  now  are,  in  the  Poffeffion  or  Occupation  of  the 
faid  Thomas  Cary,  and  for  which  Deeds  or  Conveyances  have  been  made  and  paf- 
fed, to  and  for  the  Ufe  of  the  faid  John  Cary,  an  Infant,  Son  of  the  faid  Thomas 
Cary,  or  in  the  Name  of  the  faid  John,  fhall  Hand,  be,  and  for  ever  remain, 
firm  and  available  in  Law  and  Equity,  to  fuch  Purchafer  or  Purchafers,  their 
Heirs  and  Affigns,  having,  or  hereafter  to  have,  from  the  faid  Thomas  Cary,  any 
Bargains,  Sales,  Alienations,  or  Conveyances  for  the  fame  •,  any  fuch  Deeds  of 
Sale,  Conveyance,  or  Alienation  formerly  made  in  the  faid  John  Cary's  Name, 
or  to  or  for  his  Ufe  and  Behoof,  notwithftanding. 


CHAR 


-^mm^mm'^mmmmmmm 


42  Z/^^/^-S'o/'North-Carolina. 


X  D.    1715. 

CHAP.    LXVI. 


jin  AB^  for  the  Confirmation  of  the  Laivs  paffed  this  Sejjion  of  AJfembly^ 
and  for  Repealing  all  former  Laws  not  herein  particularly  excepted. 

OBSOLETE. 


S  I  G  N  E  D  by 

Charles  Eden,  Efqj  Governor, 

N.  Chevin,  W.  Reedy 

Chr.  Gaky  Tobias  Knight^ 

Francis  Forfier^ 

Lords  Proprietors  Deputies. 

Edward  Mofeley^  Speaker, 


m 


Anno 


Lyiff^S     of    North-Carolina.  43 


A.  D.    1720. 


A  *  «  *  ^.;-  •*  *  *  *  ■*  ^  *  ■*•  •*  *■  4&  i&  <£.-  *  i»  ^  *  f- 1&  ^  ■*  ^  5?^  45.-  ^  ^  ^M± 

^  15  !ifo  So  !>.«  t'JtJ  cSo  eSy  cno  u.o  c<«>  tliO  <.%  y!o  «.o  t^ 

eAG-lX-''      <!A^3^«-i      ("Jr-iXfi      "-.H^5ik9      ('.'(^.^X'^      '»/i;:7^-      m^.^K'--      cAi.  '*,'-   .■*.«^ 

Anno  Regni 

G  E  O  R  G  I  I    I, 

Re 2*15,    MjfTVie  BritafniiiV,    Franc't^.    &  Hiberriiie, 

CD      '  d 

Sexto. 


At  a  General  Biennial  ASSEMBLY,  held  at  the  Court-  L^.^V^j 
houie   in  Chowan  Precinft,    the  Second   Day  of  ^^ugufl,  ^'""""'• 
One  Thouland   Sqvqw   Hundred   and  Twenty,  and   con- 
tinued, by  feveral  Adjournments,  to  the  Twentieth  Day 
of   the  fame  Month. 


CHAP.     I. 

An  A5l^  for  leffenmg  the  Poll  and  Land  Tax,  and  for  preventing  of  Con- 

ceahnents.     REPEALED. 


CHAP.     II. 

An  additional  ASf,  to  the  A^,  intituled.  An  Ad,   for  Eftablifliing  the  Rep.  by  A£t, 
Church,  and  appointing  Seled:  Veftries.  ^^''  4'  '74'* 


CHAP.     III. 

An  A£fj  in  Addition  to  the  A5i,  For  making  a  Town  at  ^een  Anne'^  Rep.    by  aa, 

Creek.  AuguJl^x,^^>,o. 

Chap.    1. 


CHAP. 


44  L  ji  IV  S    of    N  OR  tu-Carol  I  ti  A. 

A.  D.     1720. 

CHAP.     IV. 

Rep.  by  Aft,  y^n  additional  A5i  to  an  AB,  intituled.  An  A6t,  concernlns;  Ordinary- 

April    4,    1741.  ,  A    rr-'     y  ■,         \  °  ^ 

Chap.  19.  keepers  and  Tipphng-houles. 


C  H  A  P.     V. 

Rep.   by  Aa,  An  AB^   in  Explanation  of  the  AB^   Concerning  Servants  and  Slaves. 

April  4,     1741.  ■'  ° 

Chap.  24. 


CHAP.     VI. 

An  AB^  to  confirm  a  Decree  made  in  the  Court  of  Chancery  of  this  Pro- 
vince^ upon  a  Bill  of  Complaint  exhibited  by  William  Duckenfield,  Efq-, 

Private.  I.  -TTTHEREASata  Court  of  Chancery,  held  the  Eleventh  Day  of  May, 

YY     One  Thoufand  Seven  Hundred  and  Thirteen,  upon  the  Complaint  of 
William  Duckenfield^  Efq-,  a  Decree  was  palled  in  thefe  Words,  viz. 

North-CcroUna,  fT. 
At  a  Court  of  Chancery  held  at  the  Houfe  of  Capt.  'Thomas  Lee^  in  Chowan  Pre- 
cinft,  on  Monday  May  the  nth.  Anno  Domini  1713. 

PRESENT, 

The  Honourable  Thomas  Pollock,  Efq-,  President, 
f   Thomas  Boyd,     ^ 

^,     TT  1  1      i    William  Reed,     \    rrr         Lords  Proprietors 

Ihe  Honourable  ^     v^,      ^  ,  v,   hilars.  t>.     ^ . 

^     Xpher  Gale,         (       ^  Deputies. 

\^  Tobias  Knight,    J 

'  Upon  reading  the  Bill  of  Complaint  oi  William  Duckenfield,  of  the  Precinft 

'  of  Chowan,    Efq;    this  Day,  therein  fetting  forth,  That  he  the  faid  William 

'  Duckenfield,  about  Sixteen  Years  laft  paft,  was,  and  yet  is,  lawfully  feifed,  in 

'  his  Demefne,  as  of  Fee,  of  and  in  one  large  Trad  or  Parcel  of  Land,  in  the 

*  Precinft  aforefaid,  containing,  by  Ellimation,  Four  Thoufand  Acres,  bounding 

*  on  Albemarle  Sound  Eafiward,  and  on  Salmon  Creek  Weftward,  and  being  thereof 

*  fo  feifed,  one  John  Arderne,  Efq;  coming  into  this  Government,  and  being 
'  fomething  related  to  him  the  faid  Duckenfield,  by  Intermarriage,  and  the  faid 

*  John  Arderne  being  in  low  Circumftances,  and  not  in  PolTeffion  of  any  vifibie 

*  Eftate,  he  the  faid  Duckcnfi.eld,  the  better  to  give  Credit  and  Reputation  to  him 
'  the  laid  Arderne,  and  to  put  him  in  PofTeffion  of  a  vifible  Eftate,  thereby  to 
'  advance  himfelf,  upon  efpccial  Truft  and  Confidence  which  he  then  repofed 
'  fecretly  in  the  faid  Arderne,  by  his  Deed,  fufficient  in  the  Law,  bearing  Date 

*  the  Thirty  Firft  Day  of  July,  Anno  Domini  1702,  did  grant,  bargain,  and  fell 
'  unto  the  faid  Arderne,  the  aforefaid  Tra6t  or  i^arcel  of  Land,  containing  Four 
'  Thoufand  Acres ;  to  have  and  to  hold  the  fame  unto  him  the  faid  Arderne,  his 
'  Heirs  and  Aflign?,  for  ever  :  Which  faid  Deed  mentions,  that  the  fame  was  for 
'  and  in  Confideration  of  the  Sum  of  Two  Hundred  Pounds,  in  Hand  paid, 
'  when,  in  Truth,  the  faid  Tv/o  Hundred  Pounds  was  not  paid,  nor  any  Part  or 
.'.Parcel  thereof,  nor  intended  to  be  paid,  nor  indeed  could  the  faid  Arderne  pre- 

'  tend 


L    A     JV    S      cf     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


tend  to  pV.y  the  {xvaz  \  but  tiie  laid  Deed  was  pafled  ior  no  other  Reafon  thua 
what  is  above  aliedged :  And  further,  that  the  faid  Deed  was  not  only  meant 
and  intended  to  be  in  TruR-,  to  the  Ufe  of  him  the  faid  Ditckevfield^  Elq-,  but, 
at  the  Time  of  the  making  thereof,  it  was  fo  declared  and  exprcffed,  as  well  by 
the  faid  Ducke^ffeU,  as  by  the  faid  Ardcme,  in  Frefence  and  Hearing  of  divers 
Witneflcs,  and  not  to  the  Ufe  of  the  faid  Arderne,  other  than  in  Cafe  the  faid 
Arderne  fliould  outlive  him,  k3c.'  And  further, ^that  the  faid  John  Ardcrne  did, 
as  well  at  the  figniiig  the  faid  Deed,  as  at  divers  Times  fmce^  declared  to  divers 
Perfons,    that  he  did  not  pay  the  Two  Hundred  Founds,  and  that  the  fame 
Deed  was  paifed  to  him  for  no  other  Ufe,  Intent,  or  Truft  whatfoevcr,  than 
that  the  fime  fnould  abfolutely  return  to  him  the  fiid  Biicke afield^  in  Cafe  he 
fliould  out-live  the  faid  A'dcrne ;  and  alfo,  that  the  faid  Ardeme,   v/illing  to 
make  known  to  the  World  the  many  and  uncommon  Favours  which  he  had 
received  from  Jiim  the  faid  Duckcnficld,  by  his  Laft  Will   and  Teftamtnt,  in 
Writing,  bearing  Date  the  2 2d  Day  oi OEloher^  ^T^l->  ^^o^h  make  ample  Men- 
tion of  the  fame,  and  that  his  Intention  was,  to  give  all  his  Eilate,  both  Real 
and  Perfonal,  that  he  v/as  poffelfed  of,  or  ftiould  have  Right  to,  to  him,  which 
lie  confirms  by  divers  Affeveratlons  in  the  laid  Will  mentioned,  as  by  the  fame 
will  and  may  appear :  Notwithflanding  which,  divers  Perfons,  injuriouily  de- 
figning  to  bring  in  Qiieftion  his  the  faid  DuckenfieW %  Title  to  the  atoreiaid  Four 
Thoufand  Acres  of  Land,  altho'  he  was  never  out  of  PofiefTion  thereof,  do 
give. out,  that  the  Fee- Simple  of  the  faid  Land  is  not  in  him,  but  in  the  Fleirs 
of  the  faid  John  Arderne^  and  the  Truft  repofed  by  him  the  faid  William  Ducken- 
fieU:  And  forafmuch  as  the  laid  Deed,    in  Writing,    is  abfolutely    without 
any  Ufe  declared  or  expreffed  therein,  and  without  any  Trufb  in  the  fame  men- 
tioned, and  that  the  aforefud  Will  of  the  faid  John  Arderne  doth  not  make  ex- 
prefs  Mention,  that  the  fame  Four  Thoufand  Acres  commonly  known  by  the 
Name  of  Salmon-Creek^  were;  given,  deviled,  and  bequeathed  unto  him  the  faid 
Diukcnfield^  and  his  Heirs,  for  lack  and  want  of  Knowledge  in  the  Law  of  the 
faid  Jshn  Arderne,  how  to  ufe  apt -and  exprefs  Words  for  the  granting  and  con- 
veying the  fame  back  again  to  him,  purfuant  to  the  Truft  repofed  in  the  faid 
John  Arderne,  akho'  the  Intent  and  Meaning  of  the  faid  Arderne  fo  to  do  may 
be  fufficiently  proved  and  obftrved  ;  and  the  faid  John  Arderne  being  now  dead, 
who  Gouki  make  appear  that  the  Allegations  in  this  Bill  df  Complaint  are  true 
■  and  certain,    and  divers  Evidences  or  Witneffes,  as  well  to  the  faid  Deed,  who 
could  prove  the  aforefiid  Ufe  or  Truft  declared,    and  divers  other  W  itnefies 
which,  he  could  have  produced  to  prove  the  fame,  are  fome  dead,  others  re- 
moved to  Parts  unknown,  fome  aged  and  impotent,  and  living  far  off,  and  not 
able  to  travel  to  this  Court,  and  others  being  tranfcient  Perfons,  &c.  do  there- 
fore pray,  That  a  Con"> million  may  be  ilfued  out  ot  this  Court,  direfted  to  fuch 
Perfons  as  may  be  thought  fitting,  to  examine  fuch  W itnefies,  in  perpetuam  rei 
Memoriam,  as  lliall  be  produced  by  him  the  faid  Duckenfield,  for  the  Proof  of 
the  aforefiid  Ufe  ©r  Troft,  ^c.  and  alfo,  that  by  the  Decree  of  this  Court,  he 
may  be  relieved  in  the  Fremifes,  and  the  Fee-Simple  of  the  aforefiid  Land  be 
adjudged  and  decreed  to  him,  i^c.  And  upon  reading  the  feveral  Depofitions 
taken  by  Vertue  of  the  aforefaid  Commiflion  out  of  this  Court,  as  alfo  the  Will 
of  the  faid  John  Arderne,  and  upon  due  and  mature  Confideration  thereon,  this 
Court  are  ot  Opinion,  That  the  faid  Deed  mentioned  in  the  faid  Bill  was  made 
only  in  Truft,  and  that  no  Confideration  was  ever  paid  and  fatisficd,  or  intend- 
ed to  be  paid  or  fatisfied,    for  the  fame  ;  and  it  is  the  Opinion  of  this  Court 
likewife,  that  the  faid  John  Arderne's  Intent  and  Defign,  by  his  Laft  Will  and 
Teftament,  was  to  give  and  bequeath  the  fame  Lands  back  again  to  him  the  faid 
William  Duckenf.eld,  and  his  Fleirs,  for  ever,  although  exprtfs  Mention  thereof 
be  not  made  therein. 

^'  M  'WHERE- 


.'i 


46  LAWS     0/    North-Carolina. 


^    D.    1720. 


«  WHEREUPON  this  Court  do  Declare,  Adjudge,  Order,  and  Decree, 

*  That  the  aforediid  Deed  be  null  and  void,  and  that  the  aforefaid  Four  Thoufand 

*  Acres  of  Land  do  revert,  come,  and  remain  unto  the  faid  WilUam  Duckenfield, " 

*  Efq;  and  to  his  Heirs  and  AlTigns,  tor  ever,  without  the  ieaft  Lett,  Moleftation, 

*  or  Hinderance  of  any  Pcrfon  or  Perfons,  claiming  from,  by,  or  under  the  a- 

*  forefaid  John  Arderne,  or  his  Heirs,  Executors,  Adminiftrators,  or  Afiigns,  or 

*  any  from  or  under  them  or  either  of  them.'  

Ordered,  Decreed,  and  Entered,  by  us,  and  our  Order,  the 
above  faid  nth  Day  of  Af^j,  Anno  Domini  171 3. 

Which  Decree,  upon  the  Prayers  of  the  faid  William  Duckenfield^  having  been 
carefully  and  duly  confidered  by  this  Affembly ; 

II.  B  E  it  Enacted^  hy  his  Excellency  the  Palatine,  and  the  rejl  of  the  true  and 
ah  folate  Lords  Proprietors  of  the  Province  of  Carolina,  hy  and  with  the  Advice  and 
Confent  of  the  refl  of  the  Members  of  the  General  Affembly,  now  met  at  the  General 
Court-houfe,  at  Queen- Anne'i  Creek,  in  Chowan  Precin£l,  for  the  North -Eail 
Part  of  the  faid  Province,  and  it  is  hereby  Enabled,  by  the  Authority  of  the  fame y 
That  the  Decree,  upon  the  Bill  of  Complaint  of  William  Duckenfield,  Efq;  reci- 
ted, pafled,  and  inrolled  in  the  Court  of  Chancery,  the  Eleventh  Day  of  May, 
One  Thoufand  Seven  Hundred  and  Thirteen,  and  every  Part  and  Parcel,  Article 
and  Claufe  therein  contained,  fhall  be  and  remain  firm  and  available  in  Law  and 
Equity,  to  all  Intents  and  Purpofes  whatever  contained  therein,  without  being 
liable  to  any  Bill  of  Reverfe,  or  other  Procefs  whatever,  to  reverfe  and  annul 
the  fame. 

•  S  I  G  N  E  D  by 

Charles  Eden,  Efq;  Governor, 

I'homas  Pollock,       W.  Reed, 
Francis  Forjler,      "John  Lovick, 

Lords  Proprietors  Deputies. 

William  Swannj  Speaker,' 


Anno 


LA   W  S    cf    North-Carolina. 


47 


A.  D.    1722. 


'^'4'W4vW4WvWpv'^''t^¥<iW'^^'^^^^ 


Anno  Regni 


Qj 


GUI, 


Regis,    -May^?}e  Britujim^,    Fra^/ciie,    ^C^^Hibgy^i^, 


dent. 


At  a  General  Biennial  ASSEMBLY,  held  at  Eckfiton,  in  ^' '  ^  ^ 
.Chowan  Precincl-,  the  Second  Day  of  Ociober^  One  Thou-  ^''^ 
■;.fand  Seven  Hundred   and   Twenty  Two,  and  continued, 
by  ieveral  Adjournments,  to  the  Nineteenth  Day  of  the 
1-ame  Month. 


I  A  M 

Efq; 


CHAP.     I. 

An  Acl,  for  a  Road  from  Core-Point,    en  Pamptico^    to  Newbern,  en 

Neufe  River. 

^'  WT  ^  ^  ^  ^  ""^.^  ^  Roa.^  fmrn  Core-^Point,  to  Newhern  Town,  would  be  prhate. 

VV  of  very  great  Ufe  and  Advantage  to  the  Inhabitants  of  the  upper  Parts 
of  Neufe  River  in  particular,  and  to  the  County  of  Bath  in  general,  which,  by 
Reafon  of  the  Inhabitants  of  thofe  Farts  belonging  already  to  other  Diftrias,  can- 
not be  altered  but  by  Authority  of  Affembly :  Wherefore  it  is  humbly  prayed  that 
it  may  be  Enacted, 

II.  AN D  he  it  Enaacd,  /'j  his  Excellency  the  Palatine,  and  the  reft  of  the  true 
and  ahfolute  herds  Proprietors  of  the  Pro'vince  of  Carolina,  by  and  with  the  Ad- 
vice and  Confent  of  the  reft  of^  the  Members  of  this  prefent,  General  Affemhly^  now 
met  at  Edenton,  at  Qiieen  Anne'V  Creek^  z«  Chowan  Precin5l^  for  //^^North-Eaft 
Part  of  the  faid  Province,  r.nd'tt'is  hereby  Ena£fed^  by  the  Authority  of  the  fame ^ 
That  all  the  Inhabitants  living  bn  the  South  Side  of  Pamptico  River,  or  that  here- 
after fhall  fettle  on  the  South  Side  of  the  faid  River,  from  Derharas  Creek  up- 
wards;  and  all  the  Inhabitants  fettled  on 'xlje  .So/z/Z;  Side  of  A''<?«/^  Rivcr,  from 
Slocomb's  Creek  upwards,  including  Trent  Riyfer;  and  all  the  Inhabitants  in  the 
Fork  of  Neufe ;  are  hereby  ordered  to  work  upon  the  Main  Road  that  is  to  be 
laid  Gut,  by  the  Perfons  hercafrer  appointed'  tbr  that  Purpofe,  from  the  North 

Side 


4&'  LA   JV  S    of    North-Carolina. 

^  "•  J7£j   Side  oi  Neufe  River,   beginning  direftly  over  againft  i\\tTovfn  o^  Nezvberti,  to 
Core-Pointy  on  the  South  Side  ot  FamUico  River. 

III.  AND  he  it  further  Evacted^  by  the  Authority  aforefaid.  That  Capt.  Rich- 
nrd  Graves,  Capt.  William  Hancock,  Mr.  John  Trip,  and  Robert  Turner,  Efq; 
or  any  Three  of  them,  are  hereby  ordered  and  impowered  to  lay  out  the  faid 
Road  from  Ncwbern  Town  to  Core-Point,  within  Three  Months  after  the  Ratifi- 
cation of  this  Acl,  under  the  Penalty  of  Twenty  Pounds  ;  one  Half  to  the  Party 
fuing  for  the  fame,  and  the  other  Half  to  the  Veilry  of  the  Two  Precincts,  for  the 
Ufe  of  the  Parifhes :  To  be  recovered,  by  Bill,  Plaint,  or  Information,  in  any 
Court  of  Record  within  this  Government  -,  wherein  no  Efibign,  Frotedion,  In- 
junftion,  or  Wager  of  Law,  fliall  be  allowed  or  admitted  of. 

IV.  AND.be  it^further  EnrMcd,  by  the  yluthority  aforefaid.  That  Mr.  John 
Trip  is  hereby  appointed  Overfeer  of  the  People  that  are  liable  to  v/ork  on  the 
faid  Road,  belonging  to  the  South  Side  of  Pamptico  River,  within  the  Bounds 
afore-mentioned  in  this  A6t ; ..and  xhzx.Q^^i.  Richard  Graves  is  appointed  Over- 
feer of  the  i*eople  that  are  liable  to  work  on  the  aforelliid  Road,  v.'ithin  the  Bounds 
mentioned  aforefaid  :  And  that  the  aforefaid  Overfecrs  and  People  are  liable  to  the 
fame  Fines  and  Forfeitures,  as  all  other  Ovcrfeers  and  People,  liable  to  work  on 
Pubhc  Roads,  have  heretofore  been. 

V.  ylND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  die  In- 
habitants refiding'on  xht  South  S'K\<t  oi  'Pd^nptico  River,  from  Dc-r^r/^/s  Creek 
downwards,  including  Bay  River  •,  and  all  the  Inhabitants  on  Beardr's  Creek,  and 
downwards,  living  on  the  North  Side  of  Ncufe  River ;  are  hereby  ordered  to  work 
on  arid  maintain  the  old  Road  that  fbrmerly  Was  laid  out,  from  W/lkinfon*s-Pointy 
on  the  North  Side  of  M'a/f  Rjver,;  to  the  Fork  of  Derhamh  Creek,  at  the  Plan- 
tation that  Mr.  Thomas Sparro'-ju,  deceafed,  formerly  dwelt  en:  And  that  they  are 
under  tlie  fame  Fines  and  Forfeiture?  as  all  People,  liable  to  work  on  Public 
Roads,  have  heretofore  been. 


T         CT 

C^H  A  P.     11. 

An  Aa,  for  making  theSumof'T'wehe  Thoufand  Poufids,   'Public  Bills 
of  Credit,  for  exchanging  fuch  of  the  Public  Bills  of  Credit  as  are  now 

.f-j  -Gij^^fient i-:the7-ebf  to' !^'endcr  them  themofe  tifefid  to  the  Go-vernment ;  and 
fin^Jiegidati7.2g'tbe:^axes.  '-'Q'B.S. 
.^Difiw  /^  Hi  ^■-'         ^   ."     ' 


;^fi;T^!i'  ;  -'r.  o  ;n  y 


I'reamMt:,  i. 


CHAP.     IIL  ^ ^ 

An  additional  AH^  to  'div  Acl,  intttiikd.  An.  Ad,  appointing  Toll-Books. 


rendei'ed  ufelefs  by  Region  of  thq  l?laces. appointed  by  it..fbi;;Toli-Boofe  tQj'be 
kept  beiho;".inconYenierit,' and  the  Fees  allowed  to  fuch  Perfons  as  are,  appointed 
to  keept-hehvfo  fmall,  that  no  Ferfon  will  take  the  Trouble  of  the  faid  ,oMce  on 
himfelr:-  ■Wlierefore/  it  is  prayed,  _that  an  Aft  may  be  made  for  the  Continuance 
of  the 'Bid .  A6t,  •aftd'.that  there  be  fixed  Places  appointed  for  the  Toll^keep^rs  in 
the  feveral  'Precin(St5,'''and  that  the  faid  Tgll-keepeis  Fees  be  railed :         -;;;•>  b:  ' 

'     •  n.  BE 


LAWS    o/'North-Carolina.  .  49 


IL  B  E  it  therefore  EnaHed^  hy  his  Excellency  the  Palatine,  and  the  rcff  of  the    '"""'^ 
true  and  ahfolute  Lords  Proprietors  of  Carolina,    by  and  -with  the  Advice   and 
Confent  of  this  prefent  General  Jjfembly,  now  met  at  Edenton,  on  Queen  Anne'j 
Creek,  in  Chowan  Precinct,  for  the  North-Eaft  Part  of  the  fr.id  Province,  and  it 
is  hereby  Enacted  by  the  Authority  of  the  fame.  That  the  Toii-Office  for  die  Pre-  Toii-ofBccj 
cinft  of  Chowan,    be  kept  at  the  Head  q{  Catherine^Cvec^ti,  ntdx'^lx.'ThCfna.s  where  to  be  kept. 
Speight's,    at  the  Head  of  Peqitimons,  and  at  Maycock  Creek,  in  Currituck  Pre- 
cinct -,  for  Bertie  Precincl,  at  Boon'i  Ferry,  and  fuch  other  Places  as  the  Precinft 
Court  Hiall  appoint :.  And  that  every  Toll-keeper  fhall  be  allov/ed  the  Sum  of 
Four  Pence  tor  each  Hog,  and  Six  Pence  a  Head  for  all  Cattle,  carried  or  tranf-  f""^"''"^"''* 
ported  out  of  this  Government,  by  all  Perfons  carrying  or  tranfporting  the  fame, 
under  the  like  Penalty  as  in  the  faid  Aft  is  mentioned  ;  and  the  faid  Toll-keepers 
are  to  obferve  all  Articles  and  Claufes  in  the  faid  Act  mentioned,  under  the  like 
Pains,.  Fines,  and  Penalties  therein  exprefled. 


CHAP.     IV. 


An  A5f,  for  eiihrgtng  and  Encotirageme?it  of  the  Town  called  Edenton,  Rep.    b»  Aa, 

in  Chowan  FrecinB.  ^hj^A^,  174°. 


CHAP.     V. 

An  A5i,    appointing  that  Fart  of  Albemarle  County  lying  on  the  Weft  see  a£i  partid 
Side  of  Chowan  River ^    to  be  a  FrecinSi.    by  the  Name  of  Bertie  '^'"'^  '^'  ''''^'' 

rreCinCt.  £</^fom*Countyj 

alfo   Aprd  4, 
1741,  Chjp.    i» 

I.  "\15  r  H  E  R  E  A  S  That  Part  of  Albemarle  County  lying  on  the  Wefi  Side  ^ ''  J^oytbampm 

V  V     of  Chowan  River,  being  Part  of  Chowan  Precin6t,  is  now  inhabited  ai-  ^'"'"■^* 
nioft  to  the  utmoft  of  the  faid  County  Wejiward,  and  by  Reafon  of  the  remote 
Situation  thereof,    the  Iniiabitants,    which  are  growing  very  numerous,  cannot, 
-without  too  great  Inconveniency,  be  continued  any  longer  as  Part  of  Chowan  Pre- 
cinft:  Wherefore, 

11.  B  E  it  Enacted,  by  his  Excellency  the  Palatine,  and  the  refi  of  the  true  and 
abfolute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice 
and  Confent  of  the  refi  of  the  Members  of  the  General  Affembly,  now  met  at  Eden- 
ton, at  Queen  Anne'j  Crcek^  in  Chowan  PrecinSf,  for  the  North-Eaft  Part  of 
the  faid  Province,  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fame.  That 
that  Part  of  Albemarle  County  lying  on  the  JVeJi  Side  of  Chowan  River,  beino- 
Part  ot  Chowan  Precinft,  bounded  to  the  Northward  by  the  Line  dividino-  this 
Government  from  Virginia,  and  to  the  Southward  hy  Albemarle  Sound,  and  Mo- 
rat  tuck  River,  as  far  up  as  IVelch's  Creek,  and  then  including  both  Sides  of  the 
faid  River,  and  the  Branches  thereof,  as  far  as  the  Limits  ot  this  Government, 
be,  and  the  fame  is  hereby  declared  to  be  erefted  into  a  Precinft,  by  the  Name 
of  Bertie  Precinft,  in  Albemarle  County  •,  with  all  and  every  the  Rights  and  Pri- 
vileges, and  other  Benefits  and  Advantages  whatfoever,  as  any  other  of  the  Four 
Trecinfts  in  Albemarle  County  can  or  m^iy  have,  ufe,  or  enjoy. 

N  III.  AND 


50  L  A  IV  S    o/'North-Carolina. 

A.  D.  172a.  Ill  yi]\[T>  be  it  further  Ena^ed,  by  the  Authority  aforefaid^  That  the  £le6lioa 
for  Reprefentatives  for  the  faid  Precindl,  lliall  always  be  at  the  Court-houfe  for 
the  faid  rrecind,  or  at  fuch  Place  as  Ihall  be  appointed  for  building  the  faid 
Court-houfe  on. 


C  H  A  P.     VI. 

^I'ii  f^  ^%'  -^^  '^^'>  ^o^c^^'^'^^^'^Z  -^'^-^  ^'^^  Officers. 

Chap;  a, 

CHAP.     VII. 

Aji  A^j  appointing  that  Part  of  the  South- weft  Pa7'iJJ:>  of  Chowan  that 
lies  on  the  South  Shore^  and  Alligator,  to  be  a  difiinB  Parifi,  by  the 
Name  of  the  South  Pariflo  of  Chowan  j  and  for  appointing  Vefirvnen 
for  the  [aid  Parif\ 

Mvite.  I.  ^T  r  H  E  R  E  A  S  the  Inhabitants  of  that  Part  o{  Chowan,  and  Alligator, 

y  Y  ^^"^^  petitioned  the  General  Allcmbly,  to  be  a  feparate  Parifh  from  the 
Weft  Shore  of  Chowan,  and  it  being  apparent  that  it  is  very  much  to  the  Preju- 
dice of  the  faid  Inhabitants  to  remain  as  Part  of  the  aforefaid  Parilh  j 

II.  B  E  it  Enacted,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
abfolute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice  and 
Confcnt  of  the  reft  of  the  Members  of  the  General  Aft'embly,  now  met  at  Edenton, 
at  Queen- .^nne'j  Creek,  in  Chowan  Precinct,  for  the  North-Eaft  Part  of 
the  faid  Province,  and  it  is  hereby  Enabled,  by  the  Authority  of  the  fame.  That 
the  South  Shore  of  Chowan,  from  Alligator  River  to  the  Eaft  Side  o^JVelcF& 
Creek,  including  all  the  Land  on  the  Sound,  and  Morattuck,  lying  within  the 
Bounds  aforefaid,  ihall  be,  and  is  hereby  appointed  a  feparate  Parilh,  by  the  Name 
of  the  South  Parilh  of  Chowan  ;  and  that  the  faid  Parilh  do  enjoy  all  fuch  Liber- 
ties and  Immunitit.s  as  all  othtr  Parifhes  in  this  Government  can  or  may  have. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  follow- 
ing Perfons  are  hereby  appointed  Veftrymen  for  the  faid  Parilh,  viz. 

John  Wcrley,  Efq-,  Mr  Jofeph  Turner,         Mr.  John  EdwardSy 

Cullen  Pollock,  Efq-,  Mr.  Samuel  Spruill,         Mr.  Jacob  Blounty 

Capt.  PVtllicm  Dozvning,      Mr.  J(7mes  Long,  Mr.  'Thomas  Longy, 

Mr.  WilUam  Ludford,  Mr.  Jofeph  Spruill,  Mr.  John  Warley. 
Which  faid  Veftrymen  Ihall  be,  and  they  are  hereby  inveftcd  with  Jl  fuch  Pri- 
vileges and  Authorities,  and  fuljcdl  to  the  fame  Penalties  and  Forfeitures 
within  the  faid  Pariih,  as  in  and  by  an  A61,  intituled.  An  A£i,  for  Eftablifhing 
the  Church,  and  appointing  Select  Veftries,  is  and  are  given  to  the  Churchwardens 
and  Veftry  of  the  feveral  and  rcfpeftive  Parilhcs  in  the  faid  Ad:  mentioned. 

iV.  PROVIDED  never ihelefs.  That  all  thofe  Inhabitants  of  the  faid  Pa- 
rilh now  appointed  by  this  Aft,  which  formerly  belonged  to  the  South-weft  Pa- 
rilh of  Chowan,  Ihall  pay  their  ratable  Pait  of  Taxes,  to  the  Churchwardens  of 
the  faid  South-weft  Parifli,  to  pay  and  fatisfy  the  Debts  now  due  from  the  faid  Pa- 
rilh, and  to  make  good  their  Agreement  with  the  Reverend  Mr.  Newname ;  and 
that  on  Default  of  any  of  the  laid  Inhabitants  to  pay  fuch  Levy  as  iliall  be  laid 
by  the  Churchwardens  and  Veftry  of  the  South-weft  Parifli  of  Chowan  aforefaid, 

for 


LAWS    o/NoRTH' Carolina. 


SI 


for  the  Ufes  before-mentioned,  that  th..y  be,  and  they  are  hereby  made  fuhje6l 
to  the  fame  Penalties  and  Foneitures  as  they  fliould  have  been,  before  tlie  Div  Jiua 
was  made  -,  any  Thing  before  contained  in  this  ry(x  to  the  contrary,  in  any-wife, 
notwithftandinr 


^g- 


CHAP.     VIII. 

An  AB,  for  fettling  the  PrccinB  Courts,  and  Court-hoifes, 

I.  TTTHEREAS  thro'  the  great  Taxes  and  Charges  this  Government  Pveamiij. 

V  V  ^^^^  laboured  under,  by  Means  of  the  late  Indian  Wdv,  there  has  been 
no  Care  taken  by  preceeding  AlTemblics,  to  fettle  the  feveral  Precinft  Courts  to 
any  fixed  or  certain  Place,  but  have  always  hitherto  been  kept  and  held  at  private 
Houfes,  where  they  have  been,  and  are  liable  to  be  removed,  at  the  Pleafure  of 
the  Perfon  or  Ptrfons  owning  fuch  Houfes ;  to  the  great  Annoyance  of  the  Ma- 
giftrates  and  People  :  For  the  Prevention  of  which  for  the  future  j 

II.  B  E  it  EnoMed,  by  his  Excellency  the  Palatine,  and  the  refi  of  the  true  and 
abfoJnte  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice 
and  Confe?it  of  the  reft  of  the  Members  of  this  prefcnt  General  AffemUy^  now  met 
at  Edenton,  at  Queen  Anne'j  Creek^  in  Chowan  PrccinM,  for  the  Nortii-Eaft  Part 
of  the  faid  Province^  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fame ^  That 

from  and  after  the  Ratification  of  this  Ad,    the  Juftices  of  the  Peace  that  are  S"L*°  T' 
now  appointed  for  and  in  every  refpeftive  Precinft  in  this  Government,  or  (hall  ''"'"'^  ^''  "«- 
hereafter  be  appointed  within  the  Time  limited  in  this  Act  for  building  the  Pre-  *'°"^"°"' 
cind  Courtrhoutts,  or  the  greatell  Part  of  them,  are  hereby  required  and  impow- 
ered  to  purchafe  the  Qiiantity  of  one  Acre  of  Land,  in  fuch  Place  and  Places  of 
their  feveral  Precinds,  as  in  and  by  this  Ad:  is  hereby  nominated  and  appointed^ 
for  the  eredting  the  faid  Courc-houfcs  on. 

III.  AND  for  the  better  enabling  the  faid  Juftices,  or  the  greateft  Part  of 
them,  to  purchafe  fuch  Lands,  and  build  the  faid  Court-houfes  ;  Be  it  Enacted^ 

by  the  Anihoriiy  r^forefaid.  That  the  faid  Juftices,  or  the  greateft  Part  of  them,  juftices  to  Jay  a 
fhall  have  full  Power  and  Authority  to  raife  Money,  by  a  Poll  Tax  on  the  fe-  Tax,  for  buiidioa 
veral  Inhabitants  of  their  refpeftive  Precinfts,  for  the  purchafing  fuch  Lands  and  hou^"^  ^""""^ 
building  the  fiid  Court-houfes  thereon,  not  exceeding  the  Sum  of  Five  Shillings 
per  Poll,  per  Annum  •,  which  faid  Tax  or  Levy  fnall  be  paid  to  them  the  faid  Juf- 
tices, or  whom  they,  or  the  greateft  Part  of  them,  ftiall  appoint  to  receive  the 
fame,  by  each  and  every  Perfoi?  rcfpedivelyi,  in  the  fame  Manner  and  Form  as 
they  do  their  Public  Levy,  and  under  the  fame  Fines  and  Forfeitures. 

IV.  AND  be  it  further  Enacted  by  the  Authority  a  fere  faid.  That  if  any  Per-  Pcrfons  refufing 
^x^  dx  perfons  ftiall  refufe  to  fell -to  the  faid  Juftices,  or  the  greateft  Part  of  them,  [he'^f!,id^i,"}icM 
fuch  Lands  as  by  this  A6t  is  appointed  to  be  purchafed  for  the  Ufe  of  a  Court-  for  a"ieai!,'n:!bic 
houf ,  for  wliat  the  faid  Juftices  fhall -think  to  be  the  full  Value  thereof,  that  then,  fjSu.'his^War! 

.and  in  fudi  Cafe,  it  Ihall  and  may  be  lawful  for  the  Chief  Juftice  to  iflue  his  "nt'to  3  Fred 
Summons,  under  his  Hand,  direded  to  Three  Freeholders  of  the  Precind  where  tt'Se;Vhth 
fuch  Ketufai  ftiall  be  made  -,  which  Freeholders  are  hereby  required,  on  Oath,  to  Valuation  fuch 
appraife  the  fiid  Liind  :  And  in  Cafe  the  Owner  of  the  faid  Land  fliall,  after  a  ^b' f"  tMikt^ 
Tender  made  him  of  the  Money  which  tlie  faid  Land  was  appraifed  to,  refufe  to  •'"'!  ''^'^  Land  ta 
give  a  lawful  Conveyance  for  the  fame,  fuch  Lands  fhall,  neverthelefs,  beinvcfted  PubikV  '" 
in  the  Publick,  for  the  Ufes  aforefaid  ;  provided  that  no  Ptrfon's  Orchard,  Gar- 
den, or  inclofed  Ground,  be  injured  thereby. 

V-  ANB 


52  jL^'/'/^»S'o/"    North-Carolina. 

^.   D.      1722. 


juu.ces  nf.jea.       V.  JND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  the  Juftices, 
ing  to  build       or  the  m.^jor  Part  of  them,  in  their  feveral  Precincts,  fhall  neeled  or  refufe  to 
Governor  to  .ip-  purchijie  tlic  Land  by  this  Act:  directed  for  building  the  ftveral  Court-houfes  on, 
To^\Tio\u"'  "^*  ^'^  ^Si'^e  with  Workmen  to  build  and  finilh  the  iame,  (which  fnall  not  be  lefs 
than  TAventy  Four  Feet  long  and  Sixteen  Feet  wide,)  within  Six  Months  after  the 
Ratification  of  this  Ad  •,  that  then,  and  in  fuch  Cafe,   the  Governor  or  Com- 
mander in  Chief  for  the  Time  being,  (hall,  and  he  is  hereby  impowered  and  di- 
refted,  to  nominate  and  appoint  fuch  Ferfon  or  Peribns  in  each  and  every  Pre- 
cinft  fo  negleiting  or  refufing  •,  which  Peribns  fo  appointed,  fhall  have  the  fame 
Power  and  Autliority  to  the  lay  the  faid  Tax,  purchafe  fuch  Land,  and  build  the 
faid  Court-houfes,   as  the  faid  Juftices  might  or  ought  to  have  had  by  tliis  A6t. 

pbccs  appointed       VI.  A  N  D  bc  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Lands 
CourNhouls  r    ^^reaftcr  mentioned  be,  by  the  feveral  Juftices,  or  the  major  Part  of  them,  ia 
each  refpeftive  Precinft,  purchafed,  to  and  for  the  building  and  ereding  the  fe- 
veral Court-houfes  on  :  That  is  to  fay  ; 

F  O  R  the  Precinft  of  Chowan,  at  Edenion. 

F.O  R  the  Precind  oi  Pequimons,  at  Jonathan  Felp^ s  Pointy  at  the  Mouth  of 
the  Narrows. 

F  O  R  the  Precind  of  Currituck,  on  the  Land  of  Mr.  William  Peyner,  next  to 
the  Land  of  Mr.  JViUiam  Parker  •,  or  at  Mr.  Parker'' s,  as  the  Juftices  fhall  appointr 

FOR  the  Precinds  of  Beaufort  and  Hyde,  at  Bath-Town. 

FOR  the  Precind  of  Craven,  at  Newbern. 

FOR  the  Precind  of  Carteret,  at  Beaufort  Town. 

F  O  R  the  Precind  oi  Bertie,  now  by  this  AlTembly  laid  out,  at  fome  conve- 
nient Place  at  Ahotjkey,  where  the  Juftices  fhall  appoint. 

F  O  R  the  Precind  of  Pafquotank,  at  fuch  Place  as  the  Juftices  (hall  appoint. 

AND  whereas  many  Inconveniencies  hath  happened  in  this  Government,  by 

Reafon  of  the  falling  of  the  Courts,  which  too  frequently  have  been  occafioned 

by  Failure  of  a  fufficient  Number  of  Juifices  to  meet :  For  Prevention  of  which 

.,,„-.  J     for  the  future  •,  Be  it  Enabled,  by  the  Authority  aforefaid.  That  all  Adions  or  Bu- 

pending  in  any    finefs  whatiocvcr  now  depending,  or  hereafter  to  be  depending,  in  the  (general 

f^r  wl  T'V  ^I'f  Court,  or  any  Precind  Court  in  this  Government,  fhall  not  be  difcontinued  by 

lor  want  or  Jul-  ^  ,  -.  ,  ,         —-^ 

ticcs,  to  be  con.  Reafon  or  F'ailure  of  a  futficient  Number  of  Juftices  meeting  at  the  Days  ap- 
neTc^urt!'''     pointcd  ;  but  that  all  fuch  Adions  or  Bufinefs  fliall  ftand  continued  till  the  next 
Couit :  Any  Law,  Cuftom,  or  Ufiige  to  the  contrary,  notwithftanding. 

S  I  G  N  E  D  by 

William  Reed,  Efq;  Prefident. 

Chr.  Gale,  Richard  Sanderfon, 

John  Lovick,         'Thomas  Lovick. 

Lords  Proprietors  Deputies, 

Edward  Moseley,  Speaker. 


Anno 


LA   W  S     of    North-Carolina, 


53 


c::l^^1b':1^•:^'^•1^•:1^':1b':^^c1^t:1•^•:5':,'5^'1^-1t)^^ 


^.   D,    177,3. 


^^3^[WV.^ 


'm  ^^T^w^i^^^^ 


m 


.  ^iVt'ia  S;U^  J^i,'  itt  Si)li«i.  ^'^  &kk 


Anno  Regni 


Q  E  O  R  G  I  I    I, 

Regis,    Magnce  Britimm^,    Francia^    &  Htbern'he^ 

Nono. 


....4 


At  a  General  Biennial  A  S  S  E  M  B  L  Y,  held  at  Edenton,  in  ^;;„^'^,*' 
Chowafi  Precind",  the  Twenty  Third    Day  of  Novembery  *'''^^^"'''' 
One  Thouland  Seven  Hundred   and   Twenty  Three. 


>'-. 


C  H  A  P.    I. 

An  AB,  to  provide  indiffereiit  'Jurymen  m  all  Caufes,  Civil  and  Criminal  ^''^-   ''^   ^a. 

Chap.  8. 


:b:, 
t 


i\^  ii> 


CHAP.     II. 


'An  AB,  intituled.  An  additional  Ad  to  the  Ad,    relating  to  Biennial 
and  other  Aflemblies,    and  regulating  Eledions;    and    divers  other 
s:^- Things  relating  to  Towns.     REP. 


CHAP.     III. 

An  Aa,  for  appropriating  Part  of  the  hnpojl  Duty  on  Veffels,  or  Powder 
Money,  to  Beacon  out  the  Channels  from  Roanoke  and  Ocacock  Inlets, 
and  fever al  other  Things,    to  facilitate  the  Trade  and  Navigation  of 
this  Government.     EXP..  ^  -^ 


O 


CHAP. 


54  I,^^»So/'    North-Carolina. 

A    D      1713. 

' ' '  C  H  A  P.     IV. 

^n  Aci^  for  fettling  the  Titles  ayid  Bounds  of  Lands. 

I.  T3  ^  ii  Enatfed,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and  ah- 
J3  folute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent 
of  this  prefent  General  JJfembly^  now  met  at  Edenton,  for  the  North  Eaft  Part 
Perfrn,  Lands  to  ^/  ^^^  /'^''^  Provwce,  and  it  IS  hereby  Enact ed^  by  the  Authority  of  the  fame^  That 
b=  proceffioned,  thc  Lands  belonging  to  every  Perlbn  in  this  Government  fhall  be  proceflioned, 
n"ted^on«  in'j  ^"^  ^^^  Marks  renewed  once  in  every  Three  Years ;  and  that  the  Juftices  of  each 
Years.  and  every  Precind:  Court  within  this  Government,  between  the  Firft  Day  of  June 

and  the  Firft  Day  of  Augufi^  One  Thoufand  Seven  Hundred  and  Twenty  Four, 
Par!<h  to  be  d'.  and  fo  between  the  Firft  Day  of  July  and  the  Firft  Day  of  Auguft^  in  every  Thre? 
Sat.  '"'°  ^'"^  Years  hereafter,  by  an  Order  of  the  faid  Court,  Ihall  dired  and  order  the  Veftry 
of  each  Parifh,  in  their  i  recind,  to  divide  their  faid  i^arifties  into  as  many  Dif- 
tri6ts  as  to  them  fhall  feem  moft  eafy  and  convenient,  for  proceffioning  every 
particular  Pcrfon's  Land  within  their  rarilh  ;  and  that  the  faid  Veftry  ihall  ap- 
Vc-ftry  to  appnmt  point  the  particuLr  i  imes  fometime  between  the  Firft  Day  of  October  and  the 
ceffiT"ng.°^'""'  ^^"^  ^^y  of  4?^-/,  toUowing  the  Date  of  the  faid  Court's  Order,  and  Hiall  nomi- 
nate and  appoint  Two  able  and  intelligent  Freeholders  within  every  Canton  or 
proceflioners  to   DiftHft,  to  fee  fuch  Proceffioning  performed :  And  the  faid  Freeholders  fo  ap- 
^'''rV'.trcxd'ngs  pointed  are  hereby  obliged  to  make  a  due  Return  and  give  an  Account  of  their 
tothenexiCourt.  t^roccedings  to  the  Precind:  Court  next  following  fuch  ProceiTioning  of  every  par- 
ticular Perfon's  Land  by  them  proceflioned,  and  who  were  prefent  at  the  1  ime, 
and  alfo  to  give  a  particular  Account  of  what  Lands,  within  their  Cantons  or  Dif- 
trids,  they  ftiall  have  failed  to  prdceflion,  together  with  their  Reafons  for  fuch 
Failure. 

Clerk  to  dciiTer  H.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Clerk 
dens  *l''"c.pr'uf  of  every  refpedive  Precind  Court,  is  hereby  enjoined  and  direded  to  deliver  to 
the  Curts Order  thc  Churchwardens  of  every  Parifti  within  his  Precind,  a  Copy  of  the  faid  Court's 
'10  Dj^sV'cr'"  Order,  within  rifteen  Days  after  the  pafling  the  fame;  and  that  the  faid  Church- 
which,  Veftry  to  wardens  Ihall  be  obliged,  within  Ten  Days  after  the  Receipt  of  fuch  Order,  to 
rifli'Tnto  Di/'  appoint  a  Veftry  to  meet ;  and  the  faid  Churchwardens  and  Veftry  men  are  to  lay 
fitias,  and  to    Qj^jt;  theij.  f^ij  Parifli  in  as  many  Cantons  or  Diftrids  as  to  them  fhall  feem  con- 

appo.nt   Procef.  .  .  .  ,'  .         ,,,  .         n-  i^        i      i  i  c        r  •  i 

doners.  vcnient,  and  to  nominate  and  appoint  1  wo  intelligent  J:  reeholders  as  aioreiaid  : 

Which  Freeholders  fo  appointed,  are  required  to  go  with  the  Freeholders  and 
Inhabitants,  within  their  Diftrids  or  Cantons,  round  the  Bounds  of  every  Perfon's 
Land  within  the  famcj  and  renew  the  Marks  of  the  faid  Lands. 

S'lXtu^nr^'*"  ^^^'  ^  ^D  ^^  it  further  Enacted,  by  the  Authority  afore  faid.  That  the  Juftices 
of  each  Precind  are  hereby  required  to  caufe  the  Returns  fo  made  by  the  faid 
Proceflioners,  to  be  fairly  entered  into  well-bound  Books,  kept  for  that  Furpofe, 
by  the  Clerk  of  the  Precind  Court  -,  and  to  prevent  Miftakes  in  the  recording  the 
faid  Return,  the  Clerk  of  the  faid  Court  ftiall  be  obHgcd,  at  the  next  fucceeding 
Court,  to  produce  and  compare  the  Return  with  the  Record,  and  afterwards,  to 

Clerk's F«  isd.  hie  the  faid  Retvm  in  his  Office:  And  as  an  Encouragement  for  the  faid  Clerk's 
faithful  Difcharge  of  the  fcveral  Duties  above-mentioned,  it  Ihall  and  may  be  law- 
ful for  him  to  afk  and  demand  the  Sum  of  Twelve  Pence  of  every  Perfon  for  all 
his  or  her  Lands  that  are  returned  proceflioned,  and  recorded  within  that  Precind. 

Son'°d"in"'T»  ^^'  ^^  ^  ^  ^^' ^^  f'*^^^^^^  l^^^(:ted,  by  the  Authority  aforefaid.  That  where  the 
Aex,  what  to  Juftices  of  any  the  Precind  Courts,  Veftry  and  Churchwardens,  Freeholders  or 
icftin'thdrDu'  ^^^''"^'  ^l^all  fail  or  ncglcd  cioing  their Duty  herein,  or  hereby  enjoined,  each  and 
ty.  "^ '  '"   "'  every  Juftice  fo  failing,   fhall  forfeit  and  pay  the  Sum  of  Five  Pounds  •,    the 

Church- 


Z/^/^.So/'North-Carolina.  ^^ 


Churchwardens  and  Vellry  tailijig  to  do  their  Duty  as  aforetaid,   Ihall  tori  tit  and    ^  ^ 

pay  the   Sum  of  Five  Pounds  -,    and  the  Freeholders  who    fhall    be  nominated    * ' 

by  the  Veftry  in  their  leveral  Diilrids  or  Cantons,  refufing  to  do  their  Duty,  Ihall 
forfeit  and  pay  the  Sum  of  Five  Founds  -,  and  the  Clerk  of  each  refpedive  Pre- 
cinct Court  neglecting  or  refufing  to  do  his  Duty  as  by  this  Law  required,  Ihall 
forfeit  and  pay  the  Sum  of  Pen  Pounds  :  All  which  afore-mentioned  forfeitures 
-and  Fines  Ihall  be,  one  Half  to  the  Informer,  the  other  Half  to  the  Church- 
wardens and  Veftry,  for  and  towards  the  Ufe  and  Benefit  of  that  Parifh  in  which 
•fuch  Default  happened :  Po  be  recovered,  by  Action  of  Debt,  Bil],  rlaint,  or  Howr«ovMabie, 
Information,  in  any  Court  of  Record  within  this  Government ;  wherein  no  Ef- 
foign.  Injunction,  or  Wagtr  of  Law,  fhall  be  allowed  or  admitted  of. 

V.  AND  forafmuch  as  no  Provifion  has  been  made  in  this  Act,  to  compel! 
iuch  Perfons  who,  out  of  an  obftinate  Pemper,  Ihall  refufe  to  have  their  Lands 
•proceflioned,  to  the  Damage  of  the  Owners  of  adjacent  Lands ;  Be  it  Enacted^ 

That  then,  and  in  fuch  Cafe,  all  and  every  Perfon  or  Perfons  fo  refufing  to  have  P^^'"""'  refufing 
their  Lands  proceflioned,  purfuant  to  the  Directions  in  this  Act  given  them,  the  Landrplceffion. 
Two  Freeholders  Proceflloners  as  aforefaid,  fhall  caufe  fuch  Retufal  to  be  certi-  ^'*'  Court  to  or. 
fied,  in  Writing,  to  the  next  fucceeding  Precind  Courts  which  Court  is  hereby  Ic.'S faVitTt'. 
impowjred  and  required  to  command  the  Surveyor-General,  or  his  Deputy,  at-  ^^  t*"^  ^'harge  of 
tended  with  Four  reputable  Freeholders,  who  Ihal]   be  nominated  and  appointed  fmg.^"^""  "'"' 
by  the  faid  Court  for  that  Furpofe,  and  fworn,  to  lay  out  the  Bounds  of  the  faid 
Lands,  to  the  b(  ft  of  their  Judgment  and  Underftanding ;  and  according  as  it 
fliall  appear  to  them  by  Deeds,  Writings,  or  other  Evidences,  they  ftiall  proceed 
to  fettle  the  Bounds  of  the  faid  Lands,  at  the  proper  Cofts  and  Charges  of  the 
Perfon  refufing  to  have  the  faid  Bounds  laid  out  j  and  the  faid  Surveyor-General    To  be  cnttred  on 
or  his  Deputy,  ftiall  return  the  Survey  thereof,  with  the  Proceedings  tiiereon,  to  Cum  '^^  "'" 
the  next  Precinft  Court,  there  to  be  recorded,   by  the  Clerk  of  the  faid  Court, 
in  a  Book  for  that  Purpofe ;  which  Bounds  and  Survey  made  in  Manner  aiore- 
faid,  fhall  be  taken  and  deemed  a  fufficient  Proceflloning,  as  if  the  fame  had 
been  done  by  the  Confent  of  the  Party :  And  if  any  of  the  faid  Juftices,  or  the  Perfon,  ftiiing 
Surveyor,  Clerk,  or  Freeholders,  not  having  a  lawful  Excufe,  fhall  fail  in  his  or  ^heirDaty.iuWe 
their  Duty,  as  by  this  Ad  is  enjoined  and  direded,  he  or  they  io  failing  fhall  In^entnS'p:: 
forfeit  and  pay  the  fime  Penalties  as  before  in  this  Ad  is  laid  on  the  laid  Juftices,  ""'""• 
Churchwardens,  Veftry,  and  Proceflioners,  failing  in  their  Duty  ;  to  be  recover- 
ed in  like  Manner,  and  to  the  fame  Ufes. 

VI.  AND  he  it  further  Enacted^  by  the  Authority  aforefaid.  That  all  and  every  P"'°"=  ^^"'^ 
Perfon  whofe  Lands  ftaall  be  proceflioned  to  him,  according  to  xkit  Diredions  of  \T^^:Z^Z 
this  Ad,  at  Two  fevcral  Times,  fuch  Perfon  fhall  be  deemed  and  adjudo-ed  to  be  "■'  ''"'"*'^  ''"^ 
the  fole  Owner  of  the  laid  Lands  •,  and  that  upon  any  Suit  commenced  for  any  ^*""'' 
fuch  Lands,  the  Party  in  PoiTeflion  may  plead  the  General  Ifiue,  and  o-ive  this 

Ad  in  Evidence.  ^ 

^^f    ^,^^*^^^,f  ^^  ^W^.  That  the  proceflioning  of  the  Lands  of  a  Te-  Not  to  barP.r. 
nant  tor  Lite,  fliall  not  bar  or  preclude  the  Fleir  in  Reverfion  or  Remainder  •   ^°"'  """^^  ^^''» 
neither  ftiall  any  Proceflioning  bar  or  preclude  Perfons  under  Age,  Feme  Coverts,'  IfT  ^"'""' 
Non  compos  mentis,  Imprifoned,    or  out  of  the  Government :  But  that  all  fuch 
Perfon  or  Perfons  fliall  have  free  Liberty  to  fue  for  and  difpute  the  Title  and 
Bounds  of  any  Lands  within  this  Province  i  provided  the  faid  Perfon  or  Perfons 
commence  Suit  and  profecute  the  fame,  within  the  Time  already  limited  by  the 
Laws  of  this  Government,  after  the  Removal  of  fuch  Difability. 

"f'  VIII.  AND  whereas  lapfe  Patents  are  accuftomed  to  be  granted  to  the  firft 
Petitioners  for  all  fuch  Lands  which  are  not  feated  and  planted  according  to  the 
Condition  or  Provifion  mentioned  in  the  refpedive  Patents,  which  has  often  proved 
■■■^■■'"'  to 


56 


LA   W  S     of    North- Carolina. 


y/.  D. 


Perfpns  petlticn- 
ing  to  lapfe  L.mas 
belonging  tc  Or- 
phans,   ti.)   give 
the  Guardian   jo 
Days    Notice  ; 
and  if  he  rcfulVs 
to  take  it   up  for 
the   Orphan,   he 
fh  II   be  rf  moved 
from  his  Guardi- 
anfli  p   by    the 
Governor,    ^ni 
liable  f-r  all  Da- 
mag'-s    to   the 
Orphan. 


to  be  the  Ruin  ot  Orphan  Lhiluren-,  (whole  i^arents  have  died  leaving  Lands  un- 
seated,) bylScgled  of  Guardians  and  Truftees  in  not  fetding  and  fecuring  the 
fame  in  due  Time :  For  Prevention  whereof  for  the  future  i 

,  IX.  B  E  it  Ena5ied,  hy  the  Authority  c.fcrefaid.  That  whofoever,  for  the  fu- 
ture, fhall  petition  for  the  Lapfing  ot  any  Land  belonging  to  any  Orphan  or  Or- 
phans, fuch  Perfon  fo  ^  petitioning,  ihail,  and  he  is  hereby  required  and  com- 
manded, to  give,  at  leaff.  Thirty  Days  Notice  of  fuch  Petition's  being  lodged, 
to  the  Guardian  or  Truitce  of  fuch  Orphan,  before  the  next  Council  after  the  Pe- 
tition is  lodged  •,  and  in  Cafe  the  faid  Guardian  or  Truftee,  after  fuch  Notice 
given,  fliall  refufe  and  ncgled:  to  appear  at  the  faid  Council,  and  there  take  out  a 
Patent  for  the  faid  Land,  in  the  Name  of,  and  to  the  Ufe  of  fuch  Orphan  or  Or- 
phans, (who  fhall,  de  futi^ro^  have  the  Preference  in  lapfing  fuch  Lands  as  are 
hereditary  to  him  or  her,)  fuch  Guardian  or  Truftee  fliall  be  removed  by  the  Go- 
vernor and  Council,  or  Prepinft  Court,  trom  his  Guardianfhip,  and  fhall  be  fub- 
jed  to  the  Suit  of  thq  Orphan,  and  to  anfwer  all  Damages  which,  the  Orphan 
fliall  fuftain  by  Reafon  of  his  Negledt.  . 


C  H  A  P.     V. 

An  AEl^  for  mi  additional  Tax  on  all  free  Negroes ^  Mulaffoes,  Mujiees^ 
and  fuch  Perfons,,  Male  and  Femak\  as  7ioiv  are,  or  hereafter  jhall  be^ 
intermarried  'with  any  fuch  Perfons^  refident  in  this  Government, 


Prsamhie, 


■'W 


H  E  R  E  A  S  Coinplaints  have  been  made  by  divers  Freeholders  and 
other  Inhabitants'  of  this  Government,  of  great  Numbers  of  free  Ne- 
groes, Mulattoes,  and  pother  Perfons  of  mixt  Blood,  that  have  lately  removed 
themfclvesihto  this  Government,  and  that  feveral  of  them  have  intermarried  with 
the  white  Inhabitants  of  this  Province;  ^in  Contempt  of  the  Ads  and  Laws  in 
thofe  Cafes  made  and 'provided  : 

II.  B  E  itjherefcre  Enap^^d^  hy  his'l^xcelkncy  the  Palatine,  and'the  reji  of  the 

true  and  ahfclkte  Lorii  Proprietors  of  Carolina,    hy   and  "joith  the  Advice   and 

Confent  of  the  reft  of  the  Members  of  this  prefent  General  Affembly^  now  met  at 

Edenton,  for  the  North- Eaft  Part  of  the  faid  Province,  and  it  is  hereby  EnaEled^ 

Frte  Negroes,      hy  the  Authority  of  the  fame.  That  all  free  Negroes,  Mulattoes,  and  other  Per- 

5^"'''V™ '.^^'  fons  of  that  Kind,  being  mixed  Blood,  including  the  Third  Generation,  who  are, 

deemed T:tnaWes    .  n      ii   i  t  V    i   •  t      r-  i  •         y  ■      /-•  i        i    n  ;r    i  i 

at  the  Age'efrt  'oi*  hereafter  fhall  be,  InhabAtants  or  Refidents  in  this  Government,  both  Male  and 
Female,  who  are  of  the,  Age  of  Twelve  Years  and  upwards,  Ihall,  from  the  Ra- 
tiiication  of  this  A61,  be  deemed  and  taken  for  Tithables,  and  as  fuch  each  and 
every  of  them  fhall.  Yearly,  pay  the  fame  Levies  and  Taxes  as  the  other  Titha- 
ble  Inhabitants  do,  and  fliall,  and  are  hereby  made  liable  to  pay  the  fame  Yearly 
to  fuch  Perfon  or  Perfons,  in  fuch  Manner,  and  at  fuch  Times  and  Places,  and 
to  be  fubje(5t  to  fuch  Fines  and  Penalties,  as  in  and  by  an  A61,  intituled,  ^  An  A^^ 
for  making  the  Sum  of  'Twelve  Thoufand  Pounds,  Public  Bills  of  Credit,  for  ex- 
'ehangingfuch  of  the  Public  Bills  of  Credit  as  are  now  current,  thereby  to  render  them 
the  more  ufeful  to  the  Goverriment ;  and  for  regulating  the  Taxes;  which  the  other 
liihabitants  of  this  Proviiicq,  .t>eing  Tithables,  are  obliged  and  fubjeft  to. 


Vca 


White    Perfons 
intermarrying 
with  Negroes, 


III.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  from  and  af- 
ter the  Ratification  of  thi$  Acl,  any  white  Perfon  or  Perfons  whatfoever,  Male  or 
Female,  Inhabitant  of  this  Government,  or  that  may  or  fliall  remove  themfelves 

hither  from  otjier  P^jjrtsi  .xhat  now  is,,  or  hereafter  fhall  be,   married  with  any 

■.;-,  tuutv?„.->^....i.v,  5W...  -  ...1,,...  Negro, 


L.   A.    IF    S      6/     N  O  R  T  K  -  C  A  ItL  O  L  1  ^  A,  ^J 


A.  D. 


1723 


Neo-ro,  Mulatto,  Muftee,,  or  other  Perfon  being  of  mixed  Blood,  as  aforefaid,  fhali 

be,  and  are  hereby  made  liable  to  the  fame  Levies  and  Taxi^s,  as  the  Negro. s,  ^"I'^'^tb" 

Mulattoes,  and  other  mixed  Blood,  as  herein  above  is  exprcfled  5  and  it  is  tiie  fjiieTjx«. 

true  Intent  and  Meaning  of  this  Act,  that  all  and  every  of  the  afortfaid  Tithabies  •  >: 

removing  themfelves  into  this  Government,  fhall  pay  the  Levy  and  Taxes  af- 

feffed  for  the  Year  they  come  hither,  provided  they  come  before  the  Tentli  Day 

of  June  in  that  Year. 

IV.  AND  forafmuch  as  divers  of  the  Inhabitants  of  this  Government,  for 
•Caufes  them  thereunto  moving,  have  fet  free  Slaves  of  fundry  Kinds,  who  are 
all,  by  Law,  obliged  to  depart  the  Government  in  Six  Months  after  their  being 
fo  freed,  othf.rwife  th.y  are  liable  to  be  fold  to  fuch  Perfon  or  i^erfons  as  fhall  give 
Security  for  tranfporting  them  out  of  this  Government ;  notwithftanding  the  faid 
Law,  and  contrary  to  the  true  Intent  and  Meaning  thereof,  many  of  fuch  freed 
Negroes,  and  Slaves  of  other  Kinds,  alter  having  departed  this  Government  for 
a  little  Time,  have  returned  agam,  deeming  themfelves  Inhabitants  of  this  Go- 
vernment by  fuch  Departure  and  Return :  For  the  Prevention  wlKrcof  for  the 
future  J 

V.  B  E  it  therefore  Enacted,  by  the  Authority  aforefaid.  That  all  Slaves,  of  s'aves  fct  free,  t» 
what  Kind  foever,  which  fhall  hereafter  be  let  free,  fhall  be  obliged  to  depart  this  uZlh^'\tnoz 
Government  within  Six  Months  after  being  fo  treed,  according  to  the  Directions  return, 'on  Pe- 
of  the  aforefaid  Aft,  and  fliall  not  return  into  this  Government,  under  the  Pe-  foid^tor ^7  Ye"fs. 
nalties  and  Pains  hereafter  exprefTed  :  And  if  any  Slave  or  Slaves  being  fo  freed 

and  fet  at  Liberty,  having  departed  as  before  directed,  fliull  prefume  to  return 
back  into  this  Province,  it  fliall  and  may  be  lawful  for  any  r'erfon  or  Perfons 
whatfoevcr  to  apprehend  and  take  up  fuch  Slave  or  Slaves  fo  offending,  and  car- 
ry him  or  them  l>efore  fome  Magiftrate,  who  is  hereby  authorifed  and  impowered, 
upon  due  Proof  mide,  to  commit  fuch  Perfon  or  Perfons  fo  offending,  to  the 
Provoft  Marfhall  of  the  County  where  fuch  e^ftender  or  Offenders  fhall  be  ap- 
prehended, till  the  next  General  Court,  to  be  held  for  this  Government,  and  fhall 
then  fell  him  or  them  for  Seven  Years,  at  Public  Vendue,  to  the  highefl  Bidder ; 
and  the  Money  arifmg  by  the  faid  Sale,  after  Charges  paid,  fliall  be  applied,  the 
one  Half  to  the  Apprehender,  and  the  other  Half  towards  defraying  the  contin- 
gent Charges  of  the  Government ;  and  at  the  End  and  Expiration  of  the  faid 
Seven  Years,  the  faid  Slave  or  Slaves  fo  fet  free,  ftiall,  and  are  hereby  compelled 
to  depart  this  Government,  within  Six  Months  alter  being  fo  freed:  And  if  any  sUv«  fet  free  r^, 
fuch  Perfon  or  Perfons  fo  departing  fhall  prefume  to  return  a  Second  Time,  they  Tmi?  ihSrw 
are  hereby  made  liable  to  be  apprehended,  taken  up,  and  fold,  as  aforefaid.  be  ^^id  again. 

Vr.  AND  be  it  further  Enalfed,   by  the  Authority  aforefaid^  That  after  fuch  ^"""T'e^/fofoM* 
Sale  is  made  as  aforefaid,  if  any  Perfon  or  Perfons,  Inhabitants  of  this  Govern-  uf foiftlt  ic«i. ' 
ment,  fhall  prefume  to  harbour,  conceal,  or  detain  any  fuch  Negroe  or  Slave  fet 
free,  upon  Pretence  of  Debt,  or  otherwife,  fuch  Perfon  or  Perfons  fo  offendino" 
fliall  forfeit  and  pay  One  Hundred  Pounds  Current  Money  •,  one  Half  to  the  Ufe 
of  the  Publick,  and  the  other  Half  to  him  or  them  that  fhall  fue  for  the  fame :  ' 
To  be  recovered,  by  Bill,  Plaint,  or  Information,  in  any  Court  of  Record  within 
this  Government ;  wherein  no  Injundion,  or  Wager  of  Law,  fhall  be  allowed  or 
admitted  of. 


CHAP. 


S8  jL^/^5o/'    North- Carolina. 


A    D.    17a?- 

'      '      '  CHAP.    VI. 

^pr'ii  t  ,75:     -^^  -^^^  f°^  ^^'  ^^^^^^  afcertaining  Naval  Officers  and  ColkBors  Fees. 

Chap.  3. 


CHAP.    VII. 

An  additional  A5i  to  an  A5i,  intituled.  An  Ad,  for  Qualification  of 

Public  Officers.     O  B  S. 


CHAP.     VIII. 

An  AEi,  for  dejlroying  of  Squirrels.     REP. 


CHAP.    IX. 


Re'p.  ^y  ■  Aft,  An  A5fy  for  regulati?ig  Proceedings  on  original  Attachments. 

Dec     5,      1746, 
Chap.    a. 


C  H  A  P.    X. 

%s'^%^l%,  -^^  ^f^difional  A5f,  to  an  AB,  itititul^d.  An  Ad,  concerning  proving 
Wills,  and  granting  Letters  of  Adminiilration  j  and  to  prevent  Frauds 
in  the  Management  of  Inteftates  Eflates. 


Pi-earable, 


^*  TAT"  ^  ^  ^  E  -'^  ^  i*^  ^^^s  been  cuftomary  for  Executors  or  Adminiftrators 
VV  to  bring  the  Eflatjs  of  dcceafed  t'erfons  to  x'\ppruifments,  which  Ap* 
praifm.nts  have  generally  bc^n  much  Ihon  of  the  true  Value  of  the  fame;  to  the 
great  Detriment  of  the  Creditors  and  Kindred  of  the  Perfon  deceafed  :  For  Pre- 
vention of  the  like  for  the  future  ; 

II.  B  E  it  Enacted,  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 

ahfolute  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice  and 

Confent  of  the  reft  of  the  Members  of  the  General  Affembly,  now  met  at  Edenton, 

for  the  North- iaft  Part   of  the  faid  Province,  and  it  is  hereby  Ena£led,  by  the 

Deceafed  perfnns  Authority  of  the  fame,    TJiat  trom  and  after  the  Ratihcation  of  this  A<51,  all  and 

Efincahowtobe  every  Executor  or  Executrix,  Adminiftrator  or  Adminifcr^trix,  fhall,  fometimc 

before  or  at  the  n-.xt  mdad  Court  aft  r  his,  her,  or  their  entrring  on  the  Ad* 

iriiriiflratioa'of  any  decjeaf^d  i^erfon's  Iftate,  draw,  or  caufe  to  be  drawn,  a  juft, 

triie,  and  perfed  Inventory  of  all  the  Goods  and  Chattels  of  the  Deceafed,  (fuch 

only  excepted  as  by  the  afore-mentioned  former  Law  are  referved  to  remain  to 

the  Ufe  of  Orphans  not  ot  Age  till  they  arrive  to  full  Age,  or  fuch  as  arc  by 

fpecial  Legacies  particularly  bequeathed  ; )  which  Inventories  fhall   be  exhibited 

at  the  refpeaive  Courts  of  the  f^recindt  in  which  the  faid  Goods  are,  and  attcfod, 

on  Oath,  by  the  Pcrfons  exhibiting  the  fame ;  and  a  Copy  of  which  Inventory  fo 

exhibited  and  attefted,  the  Executor  or  Adminiftrutor  fhall  caufe  to  be  affixed  at 

t\v^  Court-houfe  Door  of  the  Precinct,  during  the  Court's  fitting,  giving  Notice, 

that 


L    ^^^    ^      C/     N  O  R  T  H  -  C  A  R  O  L  I  N  A,  59 


that  on  the  L)ay  of  (which  Ihall  be  fome  Uays  before  tne  next  lui-- 

ceedino-  Court,)  the  faid  Goods  will  be  expofed  to  Public  Sale,  to  the  higiicft 
Bidder,  at  the  Place  where  tJie  fiid  Goods  are  reftrved  and  kept ;  and  the  i^xe- 
Cutors  or  Adminiftrators  {hall,  on  Oath,  render  a  true  Account  of  fuch  Sale  to 
the  next  Court  immediately  fucceeding  fuch  Sales,  and  lliall  accordingly  be  ac- 
countable for  the  fame  to  fuch  Perfons  as  in  the  afore-mentioned  former  Law  is 
provided, 

III.  A  N  D  in  Cafe  the  Eftate  of  any  Perfon  deceafed  fliall  be  fo  far  indebted  ^n  t^e  ifete  of 
as  that  the  Debts  cannot  be  dncnarged  by  the  Sale  ot  what  are  deemed  penihable  t  bs  fou,  ii  k. 
Commodities ;  Be  ii  further  EnaBed,  That  then  and  in  fuch  Cafe,  the  Executor  ^"^^'p/bts"   -'^ 
or  Adminiftrator  fhall,  and  they  are  hereby  impowered  and  required,  to  expofe 
to  Sale,  in  like  Manner  as  aforefaid,    by  the  Directions  of  the  Precindt  Court, 
fuch  Part  of,  and  fo  many  of  the  unperilhable  Goods,  directed  by  the  before-^ 
mentioned  A6t  to  be  kept  and  referved  in  Kind,  as  will  pay  and  fatisty  all  fuch 
Debts  and  Demands. 

•    IV.  AND  Vhereas  fome  Doubts  have  arifen  concerning  the  Manner  of  Reco-  Lreades,  0»f, 
Very  of  Legacies,  filial  Portions,  and  other  Parts  of  deccafed  'Perfons  Eftates ;  ''•'^  "^  ^^  f^'^'^ 
Be  it  further  Ena^ed^  That  it  (hall  and  may   be  lawful  to  recover  the  fame  by- 
Petition,  according  to  the  refpeftive  Sums  fued  for,  in  the  General  or  Precinft 
Courts  of  this  Province,  as  well  as  in  any  Excltfiuftical  or  other  Court  whatfoevef, 


C  H  A  P.     XI. 

uin  ABy  to  rejlrain  the  keeping  too  great  a  Number  of  Horfes  and  Mares^ 

and  for  amending  the  Breed, 

T.  T)  E  it  Enacted^  by  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and 
J3  abfolute  Lords  Proprietors  of  Carolina,  by  and  wirh  the  Advice  and  Confent 
of  the  reft  of  the  Members  of  the  General  Affembly,    now  met  at  Edenton,  for 
/^i?  North-Eaft  P^r/  of  the  faid  Province^  audit  is  hereby  Enacted^  by  the  Au^  n.  Perfm,  not 
thority  of  the  fame.  That  no  Perfon,  being  an  Inhabitant  of  this  Government,  and  ^"oa'J.T'^!*! 
not  having  a  Freehold  of  Fifty  Acres  of  Land,  or  poflefled  of,    or  occupying  tokeepastaiiion 
Lands  or  Tenements,  fhall  keep,    as  Owner,  a  Stone-Horfe  or  Horfts,  or  un-  than^c'iding^" 
fpade  Mare  or  Mares,  or  any  more  than  one  Gelding,  or  fpade  Mare,  to  run  at  °'  '"P'^'^  Mare, 

/  '  ^  O'  r  '  running  at  largj, 

large.  ■        ' 

II.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Per-  Peifons  keeping 
fon,  not  qualified  as  aforefaid,  fhall  keep  any  Horfe  or  Mare  running  at  large,  c'mrar"y'to^hi. 
except  one  Gelding,  and  one  fpade  Mare,  as  aforefaid,  it  fliall  and  may  be  law-  Aa,  what  to 
ful  for  any  Perfon  to  take  up  the  fame,  who  is  hereby  obliged  and  diredted  to    ""^ "'' 
give  Notice  thereof,  in  Writing,  to  the  Owner,    within  Three  Days  alter  fuch 
taking  up  •,  which  Owner  fhall  have  Liberty  to  appear  at  the  next  fucceeding 
Court  of  the  County  wherein  he  dwellerh,  and  if  he  can  prove,  to  the  Satisfaftion 
of  the  faid  Court,  that  he  is  qualified,  according  to  the  Meaning  of  this  Aft,  to 
keep  fuch  Horfe  or  Mare  fo  taken  up,  he  fhall  have  the  fame  reftored  ;  but  if  he 
fliall  fail  in  his  Proof  aforefaid,  he  fhall  pay  to  the  Perfon  taking  up,  1  wenty 
Shillings- far  every  Elorfe  or  Mare  fo  taken  up:  And  if  the  Owner  of  fuch  Piorfe 
or  Mare  fhall  refufe  to  pay  the  aforefaid  Sum  of  Twenty  Shillings,  that  then  it 
Ihall  and  may  be  lawful  for  the  taker  up  of  fuch  Horfe  or  Mare  to  fell  the  lame, 
at  Public  Vendue,  to  the  higheft  Bidder,  and  one  Half  of  the  Mony  arifing  by 
fuch  Sale  to  take  to  himfelf,  and  the  other  Half  he  fhall  deliver  to  the  Owner 
«f  /uch  Horfe  or  Mare, 

III.  AND 


6o  L  ^M^S     of    North-Car  oLiuA. 


fa 


me. 


^^.  D.      1723. 

JriTT^^bl^n  in.  AND  be  it  further  Enacted^  hy  the  Authority  aforefaid.  That  where  the 
m  ufs  than  io  Information  of  the  taking  up  of  fuch  Horf.  s  or  iinfpade  Mares  as  aforefmd,  fhall 
Court/ Owner''  happen  to  be  made  to  the  Owner  or  Owners  witnin  icfs  than  Ten  Days  before  the 
m«  Xccecai'n  "^^'^^  ®^  ^^^  fitting  of  the  Court  of  the  i^recinft  where  fuch  Owner  refides,  in 
c..urt.  ^  ' '     fuch  Cafe  he  lliall  have  Liberty  to  appear  at  the  next  fucceeding  Court  after  fuch 

Court,    to  prove  himfcU"  a  Freeholder,    or  poffeifcd  of  or  occupying  Lands  or 

Tenements. 

f "  J'"^'" ;° '"       IV.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaidy  That  no  Perfon  or 

stallions  lels  than    ^^      r-  1         r  t     1      i   •  c      \   •      /-  n  W      r    n^ 

ij  Hands  high,  rerions  whatloevcr.  Inhabitants  or  this  bovcrnment,  Ihall  fuffer,  or  let  go  at 
go  at  large.  large,  any  Stone-Horfe  or  Stone-horfes  of  Two  Years  old,  unltfs  fuch  Horfe  or 
Horfes  fliall  be,  at  leaft.  Thirteen  Hands  in  Height,  upon  Penalty  of  forfeiting 
fuch  Horfe  or  Horfes,  or  the  Sum  of  Three  Pounds,  to  the  taker  up  of  every 
fuch  Stone-horfe  j  provided  the  fame  be  found  running  at  large,  and  not  within 
the  Confine  of  any  Fence,  Water,  Marfli,  or  Swamp. 

Jtdhon?tfcarry       V'  AND  be  it  further  Enacted,  by  the  Authority  aforefaid,  That  the  taker  up 
thefamebefoica  of  fuch  Stonc-hoife  fhall,  within  Ten  Days  after  the  taking  up  thereof,  carry  the 
lo'^D.ys/and"    ^^1116  Horfe,  and  make  Oath,  beiore  fome  Juftice  of  the  Peace,    of  his  taking 
makcOathcfthe  up  the  fame  ;  which  Proof  being  made,  the  Juftices  fliall  caufe  fuch  Stone-horfe 
to  be  meafured,  and  upon  finding  him  not  full  Thirteen  Hands  high  at  Two  Years 
old,  as  afore faid,  the  Juftice  Ihall  give  a  Certificate,  from  under  his  Hand,  cer- 
tifying the  fame  ;  and  thereupon  the  Taker  up  of  fuch  Horfe  or  Horfes  fo  do- 
ing (hall  keep  the  fame,  until  the  Owner  fhall  redeem  fuch  Horfe  or  Horfes,  by- 
paying  the  Sum  of  Three  Pounds  aforefaid  to  fuch  Taker  up. 

J/£e7d7cr£      VI.  PROVIDED  never thelefs,  and  it  is  hereby  required.  That  fuch  Taker 

ing  fuch  H  rf*;,  up  fliall  fct  Up  Advettifemeuts,  deferibing  the  faid  Horfe  or  Horfes,  with  his  or 

whh^n'io^D^I;  f^cir  Colour  and  Brand,  at  the  Precinft  Court-houfe  Door  where  fuch  Owner  fliall 

paying  3 1.  to     live  or  refide  •,  and  if  the  Owner  of  fuch  Horfe  or  Horfes  fhall,  within  Ten  Days 

AoIlH  -'"thc'r-    '^^'^^r  f>->'-'li  Notice  given,  tender  to  the  Taker  up  thereof,  by  paying,  the  Sum  of 

wife  to  lofe  him.  Thtcc  Pounds,  or  giving  Security  for  the  Payment  thereof,  that  then  and  in  fuch 

Cafe,  fuch  Owner  fhall  recover  and  redeem  fuch  Horfe  or  Horfes ;  otherwife  the 

Taker  up  thereof  is  hereby  intitled  to  the  Right  and  Property  of  fuch  Horfe  or 

Horfes :  Any  Law,  Ufiige,  or  Cuftom,  to  the  contrary,  notwithitanding. 

Commenctwent        VII.  AND  he  it  further  Enacted,    hy  the  Authority  aforefaid.  That  no  Part, 
of  this  Aa.       ciaufe^  oj.  xhing  contained  in  this  Adl,  Ihall  take  Place,  Or  be  in  Force,  till  af- 
ter the  Firft  Day  of  July  next,  after  the  Ratification  hereof. 


CHAP.    XII. 

An  ABj  for  enlarging  and  Encouragement  of  the  Town  at  the  Jjtand  cf 
Roanoke,  now  called  Carteret.     O  B  S. 


CHAP- 


f 

L  A  IV  S    o/^    North-Carolina.  6i 


A.   D.    1-13. 

CHAP.     XIII. 


yin  A5i,  for  the  better  fettling  of  the  I'owji  of  Newbern,  in  the  Frecindi 

of  Craven. 


I.  -^xtHEREAS  a  certain  Flot  of  Ground,    being  Tart  ot  a  Tradt  of  ' 

YY  Land,  lying  in  the  Fork  of  Ncufe  River,  late  belonging  to  the  Hon- 
ourable Col.  Thomas  Pollock,  deceafcd,  but  now  the  Property  of  Mr.  Cullcn  Pol- 
lock, WIS  formerly  laid  out  into  a  Townihip,  by  the  Name  o^  Newbern,  with 
proper  Allotments  for  a  Chureh,  Court-houfc,  and  Market-place  •,  as  by  a  Plot 
or  Draught,  upon  Record  in  the  Clerk's  Office  of  Craven  Precind  Court,  will 
more  plainly  appear :  Therefore,  for  the  Advancement  of  the  laid  Town  j 

II.  B  E  it  EnaBcd,  by  his  Excellency  the  Palatine,  and  the  reji  of  the  true  and 
abfohitc  Lords  Proprietors  of  the  Province  of  Carolina,  by  and  with  the  Advice 
and  Confent  of  the  reft  of  the  Members  of  the  General  Affembly,  now  met  at  Eden- 
ton,  for  the  North-Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by 
the  Authority  of  the  fame.  That  the  faid  Land,  as  it  is  already  laid  out  by  the 
faid  Draught,  together  v/ith  as  much  other  Land  lying  contiguous  and  moft  con- 
venient to  the  faid  I'own,  to  compleat  a  Townihip,  as  fliall  make  the  whole 
Two  Hundred  and  Fifty  Acres,  referving  to  the  Owners  thereof  the  Property  of 
fuch  Lots  as  are  fold  already  by  IVilliam  Hancock,  Attorney  of  the  fiid  Col.  Tho- 
mas Pollock,  is  hereby  and  henceforward  invefted  in  Mr.  Cullen  Pollock,  Mr.  IVil- 
liam Hancock,  Jun.  and  Richard  Graves,  or  any  of  them,  for  the  Ufe  aforefaid. 
Declared,  Confirmed,  and  Incorporated  into  a  Townfliip,  by  the  Name  of  Mw;- 
bern  •,  with  all  Privileges  which  ever  have  belonged  to  the  faid  1  own,  or  fliall 
hereafter  be  exprcifed,  for  ever. 

III.  PURSUANT  to  which,  //  is  hereby  Enadfed,  by  the  Authority  afore- 
faid. That  the  Places  already  laid  out  for  a  Church,  Court-houfe,  and  Market- 
place, be  refcrved  ior  thofe  Uf  s  -,  antl  that  the  reil  of  the  I-and  not  already  laid 
out,  be  forthwith  laid  out  into  Lots  of  Half  an  Acre  each,  with  convenient 
Streets  and  Paflages,  with  Fronts  belonging  to  the  faid  Lots,  by  the  faid  Truf- 
tees,  or  any  of  them. 

IV.  A  ND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  Mr.  Cullen 
Pollock  fliall  be,  and  he  is  hereby  appointed  the  prefent  Treafurer  and  Receiver 
of  the  Monies  arifing  by  the  Sale  of  the  faid  Lots  •,  and  on  his  Death  or  Depar- 
ture out  of  the  Government,  the  Firfl:  in  Commifllon  fliall  fucceed,  and  be  Trea- 
furer for  the  Time  being,  he  giving  Security  to  the  Juftices  of  the  faid  Precindt, 
that  he  will  be  accountable  for  the  Money  he  fliall  receive  by  the  Sale  of  the  faid 
Lots,  unto  the  faid  Mr.  Cullen  Pollock,  his  Heirs  or  Afllgns. 

V.  AND  be  it  farther  Enacted,  by  the  Authority  aforefaid.  That  any  Perfon 
whatfoever  who  is  willing  or  defirous  to  be  an  Inhabitant  of  the  faid  Town,  fliall 
have  Liberty  to  take  up  any  Lot  or  Lots  fo  laid  out  as  aforefaid,  and  not  before 
taken  up  -,  which  Lot  or  Lots  the  Commiflloners  afore  appointed,  or  any  of  them, 
are  hereby  direftcd,  required,  and  impowered,  to  grant,  convey,  and  acknowledge, 
to  the  Perfon  fo  taking  up  fuch  Lots,  and  to  his  Heirs  and  Afllgns,  ior  ever, 
in  Fee-Simple,  upon  the  Payment  of  Twenty  Shillings,  Confideration-Money, 
with  a  Pepper  Corn  Yearly,  if  demanded,  as  an  Acknowledgment  to  the  faid 
Cullen  Pollock,  his  Heirs  or  Afllgns,  for  ever,  for  each  Lot :  "Which  Twenty 
Shillings  fliall  be  paid  to  the  faid  Cullen  Pollock,  the  Owner  of  the  faid  Land,  and 


to  his  Heirs  and  Afllgns. 


VI.  P  RO' 


62  Z/^/^iSo/^NoRTH-CAROLINA. 


A.  D.    1723. 


VI.  PROVIDED  always^  That  what Perfon  foever  fliall  take  up,  and  have 
conveyed  to  him,  any  Lot  or  Lots  as  afore-mentioned,  and  fhall  not  build,  or 
caufe  to  be  built  thereon,  within  Eighteen  Months  after  the  Date  of  the  faid  Con- 
veyance, a  good  and  fubftantial  habitable  Houfe,  not  of  lefs  Dimenfions  than 
Twenty  Feet  in  Length,  and  Fifteen  Feet  wide,  without  Shed,  every  fuch  Con- 
veyance fhall  be,  and  it  is  hereby  declared  void  and  of  none  EfFeft,  as  if  the 
fame  had  never  betn  made  or  done  ;  and  then  the  faid  Lot  or  Lots  fhall  be  free 
and  clear  for  any  other  Perfon  to  take  up  and  purchafe  the  fame,  as  if  it  had  ne- 
ver been  taken  up :  And  the  Money  arifing  by  fuch  Sales  Ihall  be  paid  unto  the 
faid  Cullen  Pollock^  his  Heirs  and  Afllgns,  by  the  faid  Commiflloners,  as  aforefaid. 

VII.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid^  That  if  any  Per- 
fon or  Perfons  fhall  die  poffefTed  of  any  of  the  faid  Lot  or  Lots,  without  leaving 
Heirs,  or  without  making  of  a  Will  of  the  faid  Lot  or  Lots,  that  then,  and  in 
fuch  Cafe,  the^  abfolute  Fee  Ihall  come  and  revert  unto  the  faid  Cullen  Pollock, 
his  Heirs  and  AlTigns,  for  ever ;  notwithftanding  any  Thing  contained  in  an  Aft, 
intituled,  An  Act^  concerning  Efcheat  Lands  and  Efcheators,  or  any  other  Law, 
Cuftom,  or  Ufage  to  the  contrary. 

VIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Com- 
miflloners, or  any  Two  of  them,  ihall  have  full  Power  and  Authority,  and  they 
are  hereby  impowered  and  required,  to  remove  all  Nufances  within  the  Limits  of 
the  faid  Town  ;  and  that  no  Perfon,  inhabiting  in  the  faid  Town,  holding  Lots 
there,  Ihall  inclofe  the  fame,  or  keep  the  fame  inclofed  in  the  faid  Town,  under 
a  common  Stake-Fence ;  but  every  Lot  or  Lots  inclofed,  fhall  be  either  paled 
in,  or  done  with  Pofts  and  Rails  fet  up. 

IX.  AND  for  a  further  Encouragement  to  the  fettling  of  the  faid  Town  •,  Be 
it  further  Enacted,  by  the  Authority  }iforefaid.  That  all  Eledtions  of  Burgeffes,  or 
other  Public  Bufinefs  and  Affairs  of  the  like  Nature,  properly  belonging  to  the 
faid  Precind  of  Craven,  fhall  be  taken  and  done  within  the  aforefaid  Town  of 

New  b  em. 


CHAP.    XIV. 

An  additional  ASi  to  an  AB^  intituled.  Staple  Commodities  rated, 

OBS. 


C  H  A  P.     XV. 

An  A5i,  for  incorporating  the  Sea  Port  o/' Beaufort,  in  Carteret  PrecinS}^ 
into  a  'To'wnjldip,  by  the  Name  of  Beaufort. 

Private.  J  -yjrj  H  E  R  E  A  S  a  Certain  Plot  of  Ground,  being  Part  of  a  Trad  of  Land, 

V  V  ^ri  Core-Sound,  late  belonging  to  Robert  'Turner,  Efq;  but  now  the  Pro- 
perty of  Richard  Ruftul,  Efq-,  was  formerly  laid  out  into  a  Townfhip,  by  the 
Name  of  Beaufort  Town,  with  proper  Allotments  for  a  Church,  a  Town-houfc, 
and  a  Market-place ;  as  by  a  Draught  thereof,  upon  Record  in  the  Secretary's 
Office,  doth,  and  may,  more  fully  and  at  large  appear :  And  whereas  the  true 
aind  abfolute  Lords  Proprietors  of  Carolina,  upon  the  Petition  of  the  Inhabitants 

of 


LAWS    o/'North-Carolina.  63 

of  Core-Soundy  no>v  cdXkd  Carteret  Precind,    have  erected  the  fame  into  a  Sea    ^-  ^-  '7^3- 


Port,  by  the  Name  of  Port-Beauforty  and  have  inverted  the  fame  with  all  Privi- 
leo-es  and  Immunities  belonging  to  a  Sea  Port :  Therefore,  for  the  Encourage- 
ment of  the  faid  Town,  and  the  due  Encouragement  of  the  Trade  and  Commerce 
thereof,  and  the  Parts  adjacent, 

II.  We  pray  that  it  may  be  Enacted,  And  be  it  EnaHed^  by  his  Excellency  the 
Palatine,  and  the  reft  of  the  true  and  abfolute  Lords  Proprietors  of  the  Province  of 
Carolina,  by  and  with  the  Advice  and  Confent  of  the  reji  of  the  Members  of  this 
prefent  General  Affemblyy  now  met  at  Edenton,  for  the  North- Eaft  Part  of  the  faid 
Province,  and  it  is  hereby  Enabled,  by  the  Authority  of  the  fame.  That  the  faid 
Land,  as  it  is  already  laid  out,  together  with  as  much  other  Land  lying  conti- 
guous and  moft  convenient  to  the  laid  Town  to  compleat  a  Townfhip,  as  Ihall 
make  the  Whole  Two  Hundred  Acres,  referving  to  the  Owners  thereof  the  Pro- 
perty of  fuch  Lots  as  were  fold,  in  Fee-Simple  abfolute,  by  the  faid  Turner ,  be» 
and  it  is  hereby  and  henceforward  invefted  in  Richard  Riiflully  and  Chrijlopher 
Gaky  Efqrs.  John  Nelfon,  Jofeph  Bell,  and  Richard  Belly  or  any  Two  of  them, 
to  and  for  the  Ufes  aforcfaid,  and  Declared,  Confirmed,  and  Incorporated  into  a 
Townfhip,  by  the  Name  of  Beaufort,  with  all  Privileges  hereafter  expreffed,  for 
ever. 

III.  PURSUANT  to  which,  //  is  hereby  Enabled,  That  the  Places  alrea« 
dy  laid  out  for  a  Church,  a  Town-houfe,  and  a  Market-place,  be  referved  for 
thofe  Ufes  -,  and  that  the  reft  of  the  Land  not  already  laid  out,  be  forthwith  laid 
out  into  Lots  of  Half  an  Acre  each,  with  convenient  Streets  and  Pafiages,  by  the 
faid  Truftees,  or  any  Two  of  them. 

IV.  P  ROFID  ED  alwaySy  That  the  principal  Streets  in  the  faid  Town 
Ihall  be  Sixty  Six  Feet  wide,  at  leaft. 

V.  AND  be  it  further  Enacted,  by  the  Authority  afore  faid.  That  the  faid  Rich' 
ard  Rujiul,  Efqj  fliall  be  the  prefent  Treafurer  and  Receiver  of  the  Monies  ari- 
fing  by  the  Sale  of  the  faid  Lots  •,  and  on  his  Death  or  Departure  out  of  the  Go- 
vernment, then  the  Firft  Commiflloner  ftiall  fucceed,  and  be  Treafurer  for  the 
Time  being,  he  giving  Security  to  the  Juftices  of  the  Precind:  Court,  that  he 
will  be  accountable  for  the  Monies  he  fhall  receive,  according  to  the  Dire6tions  of 
this  Ad. 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  every  Per- 
fon  whatfoever  who  is  willing  or  defirous  to  be  an  Inhabitant  of  the  faid  Town, 
Ihall  have  Liberty  to  take  up  any  Lot  or  Lots  fo  laid  out  as  aforefaid,  and  not 
before  taken  up  ;  which  Lot  or  Lots  the  CommilTioners  aforefaid,  or  any  Two  of 
them,  are  hereby  directed,  required,  and  impowered,  to  grant,  convey,  and  ac- 
knowledge, to  the  Perfons  fo  taking  up  the  fame,  and  his  Heirs  and  Afligns,  for 
ever,  in  Fee-Simple,  upon  Payment  of  Thirty  Shillings,  Confideration-Money, 
for  each  Lot,  whereof  Twenty  Shillings  Ihall  be  paid  to  Richard  Rujiull,  Efq; 
the  Owner  of  the  faid  Land,  and  to  his  Heirs  and  Afligns,  and  the  other  Ten 
Shillings  Ihall  be  for  the  purchafing  Great  Guns,  and  for  fortifying  the  faid  Town ; 
and  fhall  be  paid,  by  the  Treafurer  afore-mentioned,  into  fuch  Hands  as  the  Go- 
vernor or  Commander  in  Chief  for  the  Time  being  fhall  appoint  to  overfee  the 
faid  Work. 

VII.  P  R  OVID  E  D  always.  That  what  Perfon  foever  fhall  take  up  and  have 
conveyed  to  him,  any  Lot  or  Lots  as  afore-mentioned,  and  fhall  not  build,  or 
caufe  to  be  built  thereon,  within  Two  Years  after  the  Date  of  the  faid  Convey- 
ance, a  good  fubftantial  habitable  Houfe,  not  of  lefs  Dimenfions  than  Twenty 

Feet 


— V — 


64'  L  y^   fF  S     of    N  OR  T  h-Carol  IN  A. 


A    D. 


Feet  in  Length,  and  Fifteen  Feet  wide,  befides  Sheds,  or  make  Preparation  for 
fo  doing,  as  the  Court  of  the  Precind,  by  View  of  any  Two  or  more  of  them, 
fhall  judge  reafonable  to  fecure  the  fame,  every  fuch  Conveyance  Ihall  be,  and  it 
is  hereby  declared  void  and  of  none  Effed,  as  if  the  fame  had  never  been  made  -, 
and  then  the  faid  Lot  or  Lots  ihall  be  free  and  clear  for  any  other  Perfon  to  take 
up  and  purchafe. 

VIII.  PROVIDED  alfo.  That  all  Monies  arifing  by  the  Second  or  other 
Sales  of  the  faid  Lots,  fliall  be,  and  is  hereby  appropriated  to  the  Ufe  of  the  Pa- 
rifli ;  firft,  for  the  building  of  a  Church,  and  afterwards,  to  fuch  other  Ufes  as  the 
Churchwardens  and  Veftry  fhall  think  fit. 

IX.  JND  be  it  further  Enabled,  by  the  Authority  afore  faid.  That  the  Com- 
miffioners  aforefaid,  or  any  Two  of  them,  Ihall  have  full  Power  and  Authority, 
and  they  are  hereby  impowered,  required,  and  commanded,  to  remove  all  Nu- 
fances  within  the  Limits  of  the  faid  Town  :  And  that  no  Perfons,  Inhabitants  of 
the  faid  Town,  or  holding  Lots  there,  Ilial]  enclofe  the  fame,  or  keep  the  fame 
enclofed  in  the  faid  Town,  under  a  common  Stake-Fence;  but  every  Lot  or  Lots 
fo  enclofed,  fhall  be  either  paled  in,  or  done  with  Pofts  and  Rails  fet  up. 

X.  AND  be  it  further  Ena Bed,  by  the  Authority  aforefaid.  That  the  Church 
for  the  faid  Precinft  of  Carteret,  hereafter  declared  to  be  the  Parilh  of  St.  John, 
and  the  Court-houfe  for  the  fame,  fhall  be  built  in  the  faid  Town  :  And  the  Juf- 
tices  of  the  faid  Precind  for  the  Time  being,  fhall  have  full  Power  and  Authority 
to  levy,  or  caufe  to  be  levied,  any  Sum  or  Sums  of  Money,  not  exceeding  One 
Hundred  Pounds  in  the  whole,  upon  the  Inhabitants  or  Kitates  in  the  Precindt 
aforefaid,  for  and  towards  the  ereding  and  building  the  Court-houfe  afore-men- 
tioned, as  foon  as  the  Circumflances  of  the  Inhabitants  will  admit  of  raifing  the 
faid  Sum. 

XI.  AND  as  a  further  Encouragement  to  the  Settlement  of  the  faid  ToWn  ; 
Be  it  further  Enabled,  by  the  Authority  aforefaid.  That  all  Muflers  for  the  Pre- 
tind  of  Carteret,  Eledions  of  BurgelTes,  and  all  Bufinefs  and  Affairs  of  the  like 
Nature  wKich  properly  belongs  to  the  faid  Precind,  fhall  be  taken,  done,  and 
tranladed  within  the  faid  Town  of  Beaufort,  and  in  no  other  Place  or  Places 
whatfoever. 

XII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Li- 
quors which  are,  bona  fide,  the  Growth,  Produd,  and  Manufacture  of  the  Pre- 
cind of  Carteret,  fhall  and  may  be  retailed  in  the  faid  Town,  for  the  Space  of 
Ten  Years  next  after  the  Ratification  of  this  Ad,  by  any  Freeholder  or  Inhabi- 
tant of  the  faid  Town,  without  any  Licenfe  or  other  Permit  for  fo  doing  i  fubjed 
neverthelefs  to  the  feveral  Penalties,  Forfeitures,  and  Reflridions,  as  by  the  Law, 
intituled,  Ordinary-ktepers  how  to  fell,  are  made  and  provided. 

XIII.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Perfons 
PofTefTors  or  Owners  of  Lots  in  the  faid  Town,  fhall,  and  they  are  hereby  obliged, 
within  Two  Years  after  the  Ratification  of  this  Ad,  to  clear  all  fuch  Lots  held 
and  poffefTed  by  them,  from  all  Manner  of  Wood,  Under-wood,  Brufli,  or 
Grubs,  that  are  or  may  be  ofTenfive  to  the  faid  Inhabitants,  and  fhall  keep  and 
maintain  the  fame,  from  Time  to  Time,  and  at  all  Times  hereafter,  as  often  as 
Need  fhall  require  ;  under  the  Penalty  of  Five  Shillings  for  every  Month  the  faid 
Lotsfliall  lie  uncleared  after  the  Expiration  of  the  Time  aforefaid :  To  be  reco- 
vered before  One  Juftice  of  the  Peace,  and  applied,  one  Half  to  the  Informer, 
and  the  other  Half  to  the  Veftry,  for  the  Ufe  of  the  Parifh, 

XIV.  AND 


L    A     J'/    S      o/'     N  O  R  T  H  -  C  A  R  O  L  I  N  A.  65 

^ — , — ,.____^ —  '    — ————————— 

A.   D.  1723. 

XIV.  AND  l>e  it  further  Enacted^  by  the  Authority  afcrefaidy    That  in  Cafe  ^' 
of  the  Death  or  Departure  out  of  the  Government  of  any  of  the  Commiflioners 
aforefaid,  the  remaining  Part  of  the  Commifiioners,  together  with  the  Juilices  of 

the  Court,  are  hereby  fully  authorifed  and  impowered  to  make  Choice  of  fome 
other  Perfon  or  Perfons  to  fucceed  fuch  CommilTioner  or  CommilTioners  fo  dying 
or  departing,  as  aforefiid  -,  which  Perfon  or  Perfons  fo  ele6led  and  chofen,  fliall 
be,  and  they  are  hereby  invefted  with  as  full  Power  and  Authority,  to  all  Intents 
and  Purpofes  whatfoever,  as  the  prefent  CommifTioners  now  herein  nominated  and 
appointed ;  that  fo  the  full  Number  of  Commiflioners  may  be  always  kept  up 
and  full. 

XV.  AND  whereas  the  faid  Town  of  Beaufort,  and  Parts  adjacent,  is  made 
a  Precinft,  divided  from  Craven,  by  the  Name  of  Carteret  Precincl  •,  Be  it  there- 
fore Enabled,  by  the  Authority  aforefaid.  That  the  faid  Precindt  be,  and  it  is  here- 
by ereded  into  a  Parifli,  by  the  Name  of  St.  John's  Parifli ;  and  that  the  follow- 
ing Perfons  be,  and  they  are  hereby  appointed  Veftrymen  of  the  faid  Parifli,  viz. 

Chriftopher  Gale,  Efq;        Jofeph  Bell,  John  Shaw, 

John  Nelfon,  Richard  Withurfi,  Richard  Williamfon, 

Richard  Ruftull,  John  Shakleford,  Thomas  Merriday, 

Enoch  Ward,  Jofeph  Fullford,  Charles  Cogdail. 

Which  faid  Vefl;rymen  fhall  be,  and  they  are  hereby  invefl:ed  with  all  fuch  Pri- 
vileges and  Authorities,  and  fubjeft  to  the  fame  Penalties  and  Forfeitures,  within 
the  faid  Parilli,  as  in  and  by  an  Aft,  intituled.  An  Act,  for  eflablifhing  the  Church, 
and  appointing  felect  Vcjiries,  is  and  are  given  to  the  Churchwardens  and  Vefliry  of 
the  feveral  and  refpedive  Pariflies  in  the  faid  Ad:  mentioned. 

XVI.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  whofoever 
fliall  be  found  guilty  of  quarreling  or  fighting  in  the  faid  Town  or  Townfliip, 
or  in  any  other  Town  or  Townfliip  which  now  is,  or  hereafter  fliall  be  laid  out 
within  this  Government,  in  the  View  of  any  Jufl:ice,  or  fliall  be  thereof  convided, 
by  the  Oath  of  one  credible  W itnefs,  fliall  forfeit  and  pay,  for  every  fuch  Offence, 

■  the  Sum  of  Ten  Shillings ;  and  for  Want  of  fuch  Payment,  fliall  fuffer  Twen- 
ty Four  Hours  Imprifonment  in  the  common  Goal,  or  elfe  be  fet  in  the  Stocks 
for  the  Space  of  Two  Hours,  at  the  Difcretion  of  tlie  Juft;ice  ;  provided  that  the 
Information  be  made  within  Twenty  Four  Hours  after  fuch  Offence  fliall  be  com- 
mitted :  And  in  Cafe  any  Jufliice  of  the  Peace  fliall  negled  to  do  his  Duty  here- 
in, either  upon  View,  or  Information  to  him  made,  he  fliall  forfeit  and  pay  the 
Sum  of  Twenty  Shillings,  to  the  Ufes  lafl:  above  mentioned. 

S  I  G  N  E  D  by 

William  Reed,  Efq;  Prefident. 

T.  Pollock,  Chr.  Gale, 

M.  Moore,  Johti  Lovick, 

Lords  Proprietors  Deputies. 

Edward  Moseley,  Speaker. 


R  Anno 


L  A  U^  S    of    Nor  TH -Carolina.  67 


A.  D    \i'i--: 


Anno  Regni 


G  E  O  R  G  I  I   n, 

Regis,    Magnte  BrUanmay    Framtiey    &  Hiberm^y 

Primo. 


At  a  General  Biennial  ASSEMBLY,  held  at  Edenton,  in  f.V.?/.," 
Cho'wan  Precina,    the  Sixth    Day    of  ISovember,    One  °"'"""'^- 
Thouiand  Seven   Hundred    and  Twenty    Seven. 


CHAP.    I. 


An  ASfy  to  encourage  the  Tanning  of  Leather  in  this  Province.  ^l;,  l^^^  ^f^\ 

(fhap.  8,' 


CHAP.    II. 
An  ASi^  for  Regulating  Towns  ^  and  EleSlions  of  Burgejfes.     REP. 

CHAP.     III. 

An  A£{,  to  Regulate  Trade  in  Bath  County.    REP. 


CHAP,    IV, 

An  ASif  for  encouraging  and  facilitating  Navigation  in  this  Province, 

REP, 


CHAP. 


.^ 


68  h   A    fV    S      of     N  O  R  T  H  -  C  A.R  0  L  I  N  A. 

A.  D     1727. 

C  H  A  P.    V. 

An  A5i^  to  encourage  Dejiroying  of  Vermin.     EXP. 


C  H  A  P.     VI. 

An  A6t,  for  Enlarging  and  Conffming  the  Ponver  of  the  PrecinB  Courts^ 
and  to  prevent  A5iio?is  and  IndiSimentSj  of  f mall  Value ^  being  brought 
in  the  General  Court.     EXP. 


CHAP.    VII. 

Rep.  all  w  the  An  AB ^  to  appoint  the  North-wett''P^r2f  o/' Bertie  PrecinB  a   diJlinSi 

Jhichars'as'fou       PaHp,    by  the  Name  oj  the  North-weft  Parijlo  of  Bertie   Precindl^ 

'  and  for  appointing  Vefrymen  for  the  f aid  Parijh  ;  and  to  appoint  Com- 

fnijjioners  in  every  Parijh  in  this  Government y  to  call  the  Churclywardem 

and  Vejlry  to  Account^  for  the  Parijli  Money  by  them  received. 

Piirate.  I.  TTTHEREAS  many  Inconveniencies  attend  the  Inhabitants  of  Bertie 

Y  Y     Precindt,  by  Rcafon  of  the  Largencfs  of  the  Parifh,  it  including  the 
whole  Precindt :  '     v  ,;, 

II.  B  E  it  therefore  EnaSled,  hy  his  Epccellency  the  Palatine,  and  the  reft  of  the 
irue  end  abfolute  Lords  Proprietors  of  Carolina,  by  and  "joith  the  Advice  and 
Confent  of  the  reft  of  the  Members.^  pfjlils.pTefcnt  General  Affembly-^.-no'm^  met  at 
Edenton,  for  the  North-Eaft  Part  of  'the' faid  Provtiite^  and  it  is  hereby  Enacted, 
by  the  Authority  of  the  fame.  That  the  faid  Precinft  be  divided  into  Two  Parifhes, 
as  follows :  From  the  Mouth  of  JVreftann\  Creek  up  the  faid  Creelc  to  the  Head 
of  Ahatjkey  Swamp,  from  theijce  a  cire(5i:  ^ourfe  to  the  Head  of  Bridger's  Creek, 
thence  down  the  faid  Creek  to  i?:o^7c^i?  River,  and  from  thence,  z  South-weft 
Courfe  to  the  outer  Inhabitants  upgn  Fifhing  Creek. 

III.  AN D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  there  fhall 
be  a  Veftry  appointed  for  the  North-iVeft  Parifh  of'  Bertie,  confiding  of  the  Mi- 
nifter,  (when  any  fuch  fhall  be,)  and  the  following  Perfons,  viz. 

Major  Barnabas  Mackenme,-  -  Capt.  John  Spfinn,  Mr.  Jofeph  Lane,  Sen. 

Mr.  Benjamin  Hill,  Mr.  Robert  Simmons,      Mr.  Richard  Pace, 

Mr.  Arthur  fViliiam^         .'    Mt'.John  Bue,  CzfX.:  Geofge  iVinn, 

Mr.  Edward  Howard,  Mr.  VAlliam  Kinchen,     Mr.  John  Boude. 

Which  faid  Veftrymen  are  to  be  fumjtacaed,  by  the  Provoft  Marfhall,  or  his  De- 
puty, to  meet  at  the  Church,  Chappel,  or  Court-houfe,  in  the  faid  Parifh,  within 
Forty  Days  after  the  Ratification  of  t|iis  AOc  %  uijidtr  the  Penalty  of  Twenty  Shil- 
lings for  every  Vefbryman  not  fummbned  :  ^o  be  recovered,  by  Bill,  Plaint,  or 
Information,  in. any  Court  of  Repord-vvithin  thisr Government,  and  applied  to  the 
Ufe- of  the  Poor  ofthe  Parifh.  "•-v^^^*;;-V^^^"^^'  ■       ' 

IV.  AND  be  it  further  Enacted,  by  jhe  Authority  aforefaid.  That  if  any  fuch 
Veftryman,  being  ftimmoned,  fhair^niil  to  appear 'and  qualify  himfclf,  as  by 
Law  is  appointed,  (unlefs  he  be  a  known  Diflenter  from  the  Church  of  England,) 

Hj  he 


LAWS    0/    North-Carolina.  69 

he  Ihall  forfeit  the  Sum  of  Five  Founds ;  to  be  recovered,  by  A6tion  of  Debt    -^  ^-  ^^\ 
Bill,  Plaint,  or  Information,  in  any  Court  of  Record  within  this  Government 
and  applied  to  the  Ufcs  above  mentioned. 

V.  AND  he  it  further  EtiaHedy  by  the  Authority  aforefaid.  That  the  faid  Vef« 
trymen  fhall  have  as  full  Power  and  Authority,  as  the  Veftry men  have  in  an  A6tj 
intituled.  An  Aol,  for  efiahUjhing  the  Churchy  and  appointing  fele^  Vejiries. 


CHAP.     VIIL 

^     he  ABy    For  appoini 
and  to  Repeal  that  Part  thereof  as  relates  to  Precindt  Courts.  chap.  8. 


An  A5t,  for  Regulating  the  ASi^    For  appointing  Indifferent   Turymen,  i^ep-   ^i  ^^> 

-_J   ^_   n_.  -.1   .L^  r»-„^  ^1 c    -_      -_i.^-_    ri   T-i •     f-L  t-y         .  April  6,    1748, 


S  I  G  N  E  D  by 

Sir  Richard  Everard,  Governor. 
Chr.  Gale,  J.  Lo'vick, 

Edmond  Gale,  Ed.  Mofeley, 

Rich.  Sanderfon,         Robert  JVeJl, 
T.  Pollock,  I'homai  Harvey^ 

Lords  Proprietors  Deputies. 
John-Baptista  Ash,  Speaker. 


fe^C^ 


Anno 


?-iVi    .-V    '  - 


jvoO 


Air  fy 


.5  •  .,:,  ,2i~L. 


irf 


■c 


c^^rifrasG  a?'^-^'^)'' i^foi^  'ib'ioJ. 


oa-.^« 


L  A  ^f^  S    of    North-Carolina.  71 


^.  V.    1729- 


Anno  Regni 

G  EORG  I  in, 


.crrnTr.'' 


(     ^rrt         f  1 


Y 


At  a  General  ASS  E  MB  L  Y,  held  at  Edernon^  m.Chowa?^  sirRicHAsn 

-  _  '- "1    '  ■  .  E  V  E  «  A  1 


Predn(9:,  the  Twenty  Seventh  Day  oi  November^  in  the  ^"^-^ 
Year  of  our  Lord  One  Thoufand    Seven  Hundred   and 
Twenty  Nine.  •   !'   '  " 


E  V  E  »  A  R  D  , 

uvetDur. 


■  ill!    iilM  t  1 


CHAP.     L 


^;/  ^i^,  /or  the  making  and  emitting  the  Sum  of 'Forty  Thoiifand  F  ciindf. 
Public  Bills  of  Credit  of  North-Carolina.     O  B  S. 


C  H  A  P.    11. 

An  A6ff  for  the  more  quiet  fettling  the  Bounds  of '-the  Meherrin  Indians 

Lands. 

I.  TT  TH  E  R  E  A  S  Complaint  is  made  by  the  Meherrin  Indians,th^t  the  Eng-  Private 

VV  ^'/-'  i^eople  difturb  them  in  their  Settlements,  by  coming  to  inhabit  and 
tend  corn  among  them  -,  and  alfo,  that  their  Bounds  allowed  by  Order  of  Coun- 
cil, dated  October  the  Twenty  Sixth,  One  Thoufand  Seven  Hundred  and  Twen- 
ty Six,  did  not  extend  high  enough  up  from  the  Fork  ot  Meherrin  Neck  :  P'or 
Remedy  whereof, 

•  II.  B  E  it  Enacted^  hy  his  Excellency  the  Palatine,  and  the  reft  of  the  true  and  ah- 
folute  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Ccv.fcnt  cf  the  refi 
of  the  Members  of  the  General  Affembly,  now  met  at  Edenton,  for  the  North  Eaft 
Part  of  the  f aid  Province^  and  hy  the  Authority  ofthefame^  That  the  laid  Order  of 
Council  be  vacated,  and  that  the  Indian  Bounds  and  Limits  fliall  be  extended  a$ 
foUoweth,  viz.  Beginning  «t  the  Mouth  of  Miherrin  River,  and  fo  up  the  River 


y2  L  u4   ^  S     of    N  OKT  h-Caro.l  I  a  A, 


A.  D.  1729.    to  the  Mouth  of  Horfe-Pajlure  Creek,  formerly  called  Indian  Creek  ;  then  by  the 

^"""'^     ^    faid  Cr^ek  up  to  the  Fork  of  it ;  then  by  the  Narth  Eafi  Branch  thereof  to  the  Head 

"of  the  lame  •,  then  by  a  ftrait  Line  acrofs  to  Chowan  River,  by  the  upper  Line  of 

Mulberry  Old  Field  Survey,  to  Samuel    Powers  Lands  j  then  along  the  various 

Courfes  of  the  River,  to  the  firit  Station. 

III.  A  NT)  he  it  alfo  Enacted.,  hy  the  Authority  af ore/aid.  That  all  Englijh  People  or 
any  other,  living  in  the  faid  Bounds,  fhall  move  off,  and  that  no  Perfon  but  the 
faid  India?is  fliall  inhabit  or  cultivate  any  Lands  within  the  Limits  aforefaid,  while 
the  faid  Indians  remain  a  Nation,  and  live  thereon :  And  if  any  Perfon  fhall  of- 
fend againft  this  A6t,  on  Complaint  made  to  Mr.  John  Bcude,  who  is  hereby  ap- 
pointed CommifTioner  for  the  faid  Indians,  he  Ihall  grant  his  Warrrant  to  the  Con- 
ftabie,  requiring  him,  with  Aid,  ( if  Need  be, )  to  remove  fuchPerfon,  at  or  before  the 
Twenty  Fifth  of  December  next  enfuing ;  and  any  Perfon  refufing  to  remove, 
fhall  be  brought  before  the  faid  Commiflioner,  and  upon  his  Conviftion  of  the 
fame,  fhall  forfeit,  for  the  firfl  Offence,  Five  Pounds  :  And  if  he  ftill  perfift, 
and  refufe  to  go  off  from  the  faid  Lands,  after  Warning  from  the  CommifTioner,  or 
by  his  Order,  for  the  Second  Offence  fhall  forfeit  the  Sum  of  Ten  Pounds,  and  for 
the  Third  Time  of  his  fo  offending,  fhall  forfeit  Twenty  Pounds,  and  Two 
Months  Imprifonment,  and  give  Security  for  his  or  their  good  Behaviour  :  To  be 
recovered,  by  Bill,  Plaint,  or  Information,  in  any  Court  of  Record  in  this  Go- 
verment  ;  wherein  no  Effoign,  Protedion,  or  "Wager  of  Law,,  fhall  be  allowed 

?/f''  or  admitted  of.  '  ^uiisn';^^  ::  3 *:'•-. 

IV.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  faid  Com- 
miffion^r  is  hereby  impowerd  and  ordered  to  reinftate'and  fettle  the  faid  Indians,  in 
giving  them  peaceable  Poffeffion  of  the  faid  Lands,  and  to  turn  off  any  other  Per- 
fon or  Perfons  inhabitting  within  the  faid  Bounds,  unlefs  fuch  Perfon  have  fpecial 
Leave  from  the  Gove4"nor  and  Council,  tor  continuing  thereon  -,  provided  that 
this  Adl  fhall  not  invefl  the  Fee-Simple  of  the  faid  Lands  in  the  Indians,  but  fuch 
as  have  Patents  for  the  fame,  of-  any  Part  thereof,  their  Title  fhall  be  good  and 
valid  ;   neither  fhall  the  faid  Indians  have  Liberty  or  Leave  to  rent,  fell,  or  any 


ways  difpofe  of  the  faid  Lands. 


CHAP.     III. 

jin  ASff  fo  make  Hyde  TreclnB  feparate  from  Beaufort  Frecindi^  •with 
J^ower  of  er^^ing  a  Court-houfey  and  holding  Courts. 

Wvate,  I.  "T  "T  T  H  E  R  E  A  S  the  Preclndl  of  Hyde  being  united  to  Beaufort  Precind,  is 

Y  Y     found  very  inconvenient  for  the  Inhabitants  of  Hyde  Precinct  to  tra- 
vel to  Bath  Town,  where  the  Courts  are  now  held  : 

II.  B  E  it  therefore  Enabled,  hy  his  Excellency  the  Palatine,  and  the  rejl  of  the 
true  and  abfolute  Lords  Proprietors  of  Carolina,  hy  and  with  the  Advice  and  Confent 
cf  the  reft  of  the  Members  of  this  General  Biennial  Affembly,  new  met  at  Edenton,  for 
the  North  Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Ena^ed,  hy  the  Authority  of 
the  fame.  That,  for  the  future,  Hyde  Precin£t  fhall  be  feparate,  in  all  Refpefts, 
Jrom  Beaufort  Precind,  with  Power  of  having  a  Court  and  Court-houfe  erefted 
in  the  faid  Precind,  and  other  Powers  and  Privileges  to  a  Precinft  belonging  ;  and 
that  the  Juflices  to  be  appointed  for  the  faid  Precindl,  fliall  be,  and  are  hereby  invef- 
ted  with  full  Power  to  purchafe  Ground  for  erefting  the  faid  Court-houfe,  in 
the  fame  Manner  as  by  Law  in  fuch  Cafes  is  already  provided:  And  to  the  End, 
that  the  fame  may  be  built  in  the  molt  convenient  Place  for  the  Inliabitants  of  the 

f*i4 


L  A 


'/ 


faid  Precmft,  the  Juftic 
to  be  ereded  a£  or 
Tax;  not  'exceedii:; 
Law  as  aJroady  pro 
faid  X^&nd,  and  building 


•:^'     N  O  R  T  H  -  C  A  R  C  L  I  N  A. 


73 


j;:::l  to  canfe  the'faid  Court-houfe     ^^-  -C.  1729- 
■ution  i  :.uid*alfo,  to  caiifc  a  Poll-  "^        v— — 
.   ,  l:  be  levied,  in  fuch  Manner  as  by 
for  defraying' tlie  Charges  of  buying  the 


IV. 


An  Aft,  to 


I 


ie  County^  lying  on  the  South  Side 
^^'vcry  as  high  as  tbe  Kn'mA^ow 

Tyrrcl  PrccinSl. 


WHEF  County,  lying  on  the  5i?K/y5>  Side"  P"^"'*"' 

o{  Albemar.  'ick  River,    as  high  as  the  Rainbow 

Blinks,  includes  Fart  oL  tue  i.yei  ^nc^s  hereafter  named,  viz.  Choijoav^  Paf- 

quotank,  Bcniey  and  Curr.'^uck  •,  hjv.  .-c^s  the  great  Vv'eadth  of  the  faid  Sound, 

ar/i  alfo  t!ie  great  lJ;i(Lance  tronV  the  fiver '!  t/<-ecin6l  Courts,  renders  it  almoit  im- 
p  ibr  the  InJiabitanto  ^end  their  GbUrts  as  aforefaid  r. 


.II,    >>  ijc;ci;.!ir,  i^t  ■ :  ,  '  .^ncj  .r-i,  i.  ^ULuie,  cdd  the  veftof  ths 

true  and  abfclutc  Lords  7  lina,  by  and  tviih  the  Adzice  and  Con- 

fent  of  the  reji  c^  General  JJJsmbly,now  met  at  Edenton, 

for  the  North  Eaft  Pari  of  the  faid  Provincef  and  by  the  Authority  of  the  fame^ 
That  that  /art  of  .  '"  '  ■  -'.e  County,  lying  on -the  Sotith  Side  oi  Albemarle  Sound, 
7iS\'diMoraiuck\<xv^.^  ..  .ag  i^art  of  the  fevjralPrecindls  before  mentioned,  bound- 
ed to  the  V/<:fiwar1i%'j  U.  hem  as  HcJIdns'a  upperLine,  beginning 'at  his  upper  Cor- 
ner Tree,  on  RatJtbpw  Banks,  on- Mtr^/^it"^  River,  and  by  a  Line  running  i'f///^ 
froin  his  outer  Corner  'i  ree,  to  t'  ^'  '  -rd  by  the  Bounds  of  Albemarle  Coun- 
ty,  to  the  E(?Ji-ward  by  the  ScuiV:,  i^.^.^^-.n  'Roanoak  Ifiand,  and  Croat an^  and  to 
the  Northward Aif  Alh<.inarle  Sound  and.  Moratuck  River,  as  high  as  the  RainboiJ 
Banksv:in  Moratuck" Riv^r,  fhaK  id  the  fame  is  hereby  declared  to  be  ereft- 

ed  into  a  PrecincI-,  -by  ther^yame  oi  ':iyrell  trtcitid:^  in  Albemarle  County, '-with  all 
and  every  the  Rights,  *-  ■  '  ges,  ;nd  other  Benefijis  and  Advantages  whatfoever, 
which  any  other  i/to.  .  Aloe:;: ark  County  can  or  niiiy  have,  ufe,  or  enjoy. 

ni.  ANT)  be  it  further  EnaEfed,  by  the  Authority  aforefaid.  That  the  Eleflion 
for  Reprefcntatives  tor  x\\z  faid  Frecincl,  fhall  always  be  at  the  Court-houfe  for  the 
faid  Precinift,  or  fjch  rtxes  as  fliall  be  appointed. for  the  building  the  faid  Court- 
houfe  therein. 

IV.  AND  wliereas  by  an  "Adt,  intituled.  An  Act,  for  fettling  the  Precinct 
Courts  and  Court-houfes^  it  is  therein  provided  in  what  Manner  the  Land  Ihouid 
be  purchafed,-   on  v/hich  to  buikl  Court-houfes  in  the  fevcral  l^recincls: 

V.  B  E  it  Enacted,  by  the  Authority- aforefaid.  That  the  Jufllces  to  be  appoint- 
ed for  the  faid  PrecincI  of,  Tyrell,  fliall  obfcrve  the  iume  Method  prefcribed  by 
the  faid  Act,  and  fuall  ciTufe  the  Court-houfe  for  the  faid  Precind  to  be  built 
on  the  Land  of  William  / 


as  near  as  may  be 


.>> 


0^  that  of  William  Fraley,  on  Kendrick\  Creek, 


Bridge  now  called  Fraley^^  Bridge. 


VI.  AND  whc; .  ..L  u     .    ,vc  now  Precindl  was  formerly  made  a  dif- 

tin£t  PariOi,  by  the  Kame  of  the  Sotttb  Parilh  of  Chowan ; 


T 


VII.  BE 


74  I/^//^<So/'    North-Carolina. 

A.  D.   1729. 

VII.  B  E  it  Enactedi  That  the  whole  Precind  now  appointed  by  the  Name  of 
Tyrell  Precind,  be,  and  is  hereby  Ereded  into  one  Panlh,  by  the  N^me  of  St* 
Andrew'^  ;  and  that  the  fame  Veftry  be  continued  in  the  faid  Parifh  of  St.  An- 
drew's^  which  now  is  appointed  to  the  faid  South  Parifli  of  Chowan^  with  all  and 
every  the  Rights  and  Privileges,  and  other  Benefits  and  Advantages  whatfoevcr, 
which  any  other  Parifh  in  Albemarle  County  can  or  may  have,  ufe,  or  enjoy. 

VIII.  P  ROVIDED  never  thelefs^  That  it  is  not  hereby  intended,  that  the  faid 
Precind  fhall  fend  more  than  Two  Burgefics  at  prefent,  to  fit  in  General  Aflem- 
bly,  without  it  fhal]  appear  that  there  is  three  hundred  Tythables  in  the  faid 
Precin(^ ;  and  in  fuch  Cafe,  it  fhall  and  may  fend  three  Burgeffesi  and  fo  as  it 
fliall  increafe  in  Number  of  Tythables,  it  fhall  fend  one  Burgefs  for  every  Hundred 
more,  fo  as  not  to  exceed  Five  Reprefentatives  in  the  whole. 


CHAP.     V. 


See   Aft 
VIS 


ch.J!^^  -r4^  additional  AB  to  an  JB,  for  appointijig  'Toll-Books,  and  for  preventing 
People  Jrom  driving  Horfes,  Cattle^  or  Hogs,  to  other  Perjom  Lands, 

PreamWe,  I.  X  T  T  H  E  R  E  A  S  in  and  by  the  faid  Ad,  the  Remedy  appointed  for  re- 

VV  covering  the  Penalty  of  Twenty  Pounds  for  the  Inhabitants  of  any 
ether  Government's  Cattle,  Horfes,  or  Plogs,  ranging  on  Peoples  Lana  in  this  Go- 
vernment, is  by  Diftrefs  to  be  made  by  the  1  oil-keeper  or  Ranger,  but  no 
Method  appointed  for  defpofmg  fuch  Diitrefs  or  Proceedings  therton ; 


Proceedinjs  to  be 


II.  B  E  it  therefore  Enacted,  hy  his  Excellency  the  Palatine,  and  the  refi  of  the 
hironTeftraTned  ^^^'^  ^^^^  abfolutc  Lords  Proprietors  of  Carolina,  hy  and  with  the  Advice  and  Con-' 
Stock.  ^ent  of  the  reft  of  the  Members  of  this  General  Affemhly,  now  met  at  Edenton,  for 

the,  North-Eaft  Part  of  the  faid  Province,  and  it  is  hereby  Enacted,  by  the  Au- 
thority of  the  fame.  That  when  fuch  Diitrefs  is  made,  or  which  may  hereafter  be 
made,  by  the  Owner  of  the  Land,  as  well  as  the  Officers  aforefaid,  the  Stock  fo 
deftrained  fhall  be  kept  Four  Days,  unlefs  fooner  redeemed  or  replevied  by  the 
Owner,  who,  on  paying  the  Penalty,  and  the  realonable  Charges,  fhall  have  them 
at  any  Time  within  Four  Days  after  Seilure  ;  otherwife,  atttr  the  Expiration  of 
the  faid  Four  Days,  they  fhall  be  appraifed  by  Three  indifferent  Freeholders,  to  be 
appointed  and  fworn  by  fome  Majtftrate,  and  the  Property  fhall  be  immediately 
veiled  in  the  Perfon  or  Perfons  feifing  the  fame,  he  or  they  returning  the  faid 
Appraifment  to  the  Clerk  of  the  Precind  Court,  with  an  exad  Account  of  the  Marks 
cr  Brands  of  fuch  Horfes,  Cattle,  or  Hogs,  which  fhall  be  fa  up  at  the  Court-houfe 
the  next  Court ;  and  any  Perfon  proving  the  Right  to  fuch  Cattle,  Korfes,  or 
Hogs,  at  any  of  the  Four  next  Courts  in  the  faid  Prccinds,  after  fuch  Return  of  that 
Appraifment,  having  given  the  Deflrainer.  Notice,  fl:iall  have  an  Order  or  Judg- 
ment of  the  faid  Court  for  the  Overplus,  according  to  the  Appraifment,  the  Pe- 
nalty and  Charges  dedudltd.' 

p.nsity  how  to       III.  AND  he  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  the  Penalty  of 
GJa"dTn7'^&?f.  Ten  Pounds  in  the  faid  /  d  for  appointing  Toll-Books,  may  be  recovered  hy  Dif» 
nut  to  be  cxciu-  trefs  in  like  Manner,-  provided  that  no  Guardian  or  Executor  fhall  be  excluded  by 
the  faid  Ad  from  bringing  any  Stock,  under  their  Care,  on  their  Land. 

Fireifners  Stock  ^ •  ANT)  hc  it  further  Enacthd,  hy  the  Authority  aforefaid.  That  the  Stock  of 
fuund  on  L^nds  any  Inhabitant  of  another  Government  being  found  on  Peoples  Land  in  this  Go- 
'^"«m'ed  to" be"'  veramcftt,  contrary  to  x.h.z  fdid  Act,  fhall  be  deemed  to  be  driven  thither  by  the 

Owners, 


L  A   JV   S     of    North-Carolina. 


7S 


Owners,  unlefs  it  can  be  proved  they  ftrayed  by  feme  unavoidable  Accident,  and  ^  ^-  '"^9- 
were  purfued,  and  have  not  ranged  above  Four  Days,  provided  fuch  Diftrefs  be  i^^^Z'^i^^ 
made  Four  Miles  to  the  Southward  of  the  Line  betwixt  this  Government,  and  ""'■•'•  oti><^rwift 

_..       .    •  proved. 

f'jrginia, 

V.  JND  be  it  further  Enacted^  hy  the  Authority  aforefaid^  that  no  Perfon  No  Perfm  (kAx 
within  this  Government,  fhall  prefume  to  hunt,  drive,  or  kill  any  Stock,  Deer,  or  ki,ra„*'"3t'  ^ 
Game,  on  any  Ferfons  Land  within  this  Governmenment,  except  Neighbours  Dcerro^r  Game^ 
whofe  Lands  are  very  near  adjacent,  without  Leave  firfl:  had  and  obtained  from  Z£^tt"^^'' 
the  Owner  of  the  faid  Land  whereon  he  or  they  fliall  be  found  ranging  or  hunting,  onP.na!t)of5i! 
contrary  to  this  Aft,  under  the  Penalty  of  Five  Pounds  for  each  and  every  Time  0wnlr?.n!^  [u 
he  or  they  fhall  be  found  ranging  ;  the  one  half  to  the  Owner  of  the  Land,  the  °'!'"''  ^°  ^^^  to- 
other Half  to  the  Informer :  To  be  recovered  by  a  Warrant  from  two  Jufli-  *"'^'""" 

ces,  whereof  one  to  be  of  the  ^orum ;  which  faid  Juitices  are  hereby  impowered 
finally  to  hear  and  determine  the  fame. 

VI.  AND  be  it  further  Enacted^  by  the  Authority  aforefaidy  That  no  Ranger  No  Ranger  ftaU 
or  other  Perfon,  on  any  Pretence,  fhall  range  or  hunt,  kill  or  take  up,  any  un-  *  ■"=  "p«nyun. 
marked  Cattle,  Horfes,  or  Hogs,  on  other  Perfons  Lands,  without  Leave  of  the  ev.'''t:thout''' 
Owner  of  fuch  Land  or  Lands ;  any  Law,  Ufage,  or  Cuflom,'  to  the  contrary,  ^'"""^  ^''^'^  '^® 
rotwithftanding  :  But  that  every  Perfon  fhall  have  ixQQ  Liberty  to  take  up  and  Li^'nd"  but  LI 
kill  all  fuch  unmarked  Cattle,  Hogs,  and  Horfes,  as  he  fhall  find  running  on  his  ^eTtXm'LTr 
own  Land,  and  the  fame  to  convert  to  his  own  Ufe,  unlefs  the  Property  thereof  ^wn  ur^  unic'r* 
be  proved  within  Three  Months,  by  any  Perfon  claiming  the  fame  ;  who,  paving  *roved'T"'th«* 
for  the  taking  up,  fhall  have  the  faid  Beafl,  or  its  Value,  as  it  is  in  the  Law  di-  Mont.hs. 
reded  for  Rangers. 

VII.  AND  whereas  great  Damages  are  frequently  done,  by  Slaves  being  per-  No  slave  to  hunt 
mitted  to  hunt  or  range  with  Dogs  or  Guns  :  For  Prevention  whereof.  Be  it  En-  h"  Mai^r"!  «' 
acted^  by  the  Authority  aforefaid.  That  it  fhall  not  be  lawful  for  any  Slave,  on  any  "p^  i"  Company 
Pretence  whatfoever,  to  go,  range,  or  hunt  on  any  Perfon's  Land  other  than  his  ut^ZlTrLi 
Maflers,  with  Dog  or  Gun,  or  any  Weapon,  unlefs  there  be  a  white  Man  in  fi-^mhisMaftc.'. 
his  Company  i  under  the  Penalty  of  Twenty  Shillings,  to  be  paid  by  his  Malter,  kL"pinrt£m',:n 
for  every  Offence,  unto  the  Owner  of  the  Land  whereon  fuch  Slave  fliall  range  J,!''''//'.  ^'^^ 
or  hunt  i  and  that  no  Slave  fliall  travel  from  his  Mafler's  Land  by  himfclf  to  Shipped,  '"*' 
any  other  Place,  unlefs  he  fhall  keep  the  mofl  ufual  and  accuftomed  Road  :  7\nd 

if  any  Slave  fhall  offend  contrary  hereto,  it  fliall  be  lawful  for  the  Owner  of  the 
Land  whereon  any  Slave  fhall  be  found,  to  give  him  a  fevere  Whipping,  not  ex- 
ceeding Forty  Lafhes  :  And  if  any  loofe,  diforderly,  or  fufpeded  Perfon,  be  Y  '"^  ^'^°'^"'^f 
found  drinking,  eating,  or  keeping  Company  with  Slaves  in  the  Night  Time,  in'company  w""* 
fuch  Perfon  fhall  be  apprehended  and  carried  before  a  Juflice  of  the  Peace  ;  and  ^^^^'Xl^'l  ','"^ 
if  he  cannot  give  a  good  and  fatisfadlory  Account  of  his  Behaviour,  fuch  Perfon  AcJunt  of h^m- 
fhall  be  whipped,  at  the  Difcretion  of  the  Juftice,  not  exceeding  Forty  Lafhes.    Jh?  ^l^^"^^  ^* 

VIII.  AND  for  the  better  fupprefTing  of  Negroes  travelling  and  afTociating  Negroei traveling 
thfrmfelves  together  in  great  Numbers,  to  the  Terror  and  Damage  of 'the  wliite  foJndinK.'t'/' 
People  -,  Be  it  Enabled,  by  the  Authority  aforefaid^  That  if  any  Negro  or  Negroes  ='"=.'"'  "  k« 
Ihall  prefume  to  travel  in  the  Night,  or  be  found  in  the  Quarters  or  Kitchens  a-  '"^'^^'^* 
mong  other  Perfons  Negroes,    fuch  Negroes  fo  found  fhall  receive  Correftion, 

not  exceeding  Forty.  Lafhes,  as  aforefaid  j  and  fuch  Negroes  in  whofe  Company 
they  fhall  be  found,  fhall  receive  Correftion,  not  exceeding  Twenty  Lafhes. 

IX.  PROFIDED  always^  That  nothing  in  this  Ad  fhall  be  conflrucd  to  Prorif?, 
prevent  any  Perfon  from  fending  his  Slaves  on  his  lawful  Bufincfs,  with  a  Pafs, 

in  Writing ;  nor  to  hinder  Neighbours  Negroes  intermarrying  together,  fo  that 
Licenfc  being  iiift  had  and  obtained  of  their  fevcjrai  Makers. 


•/,  T         A      IJ/      V. 


A    W    S      of     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


C  FI  A  P.     VL 

17^3^?!^ ,    ;    ^^n  Abiy  for  the  mre  effectual  cmd  fpeedy  ■  put  ting  .in  Execution  the  A^ 

fir  fettling  the  fi  tie  and  BoimdsoJ  Peoples  Lands. 

WPI  E  R  E  A  S  the  f.iid  Ad;  for  uit  rrocuTiomns  Peoples  Lands,  altha* 
very.necciTary  for  the  afcercuining' Fee  pies  BOUnds,  and  preventing  Dif- 
putes  hereafter,  hath  not  been  du'iy  and  efi.itualiy  put' in  Exedjtion  :  Wherefore, 
that  the  faid  Law  may,  for  the  luturr,  be  better  obfervcd; 

I'S'ri/kSIn'  ■  '*'  ^^^^'■^"^^^^'^i  l^y  his  Excelk?tt/the  P&hiinzy  and  the  i'eft  cf  ibe  true  avd  ab- 
^fc.^nr"f'Tr^  folute  Lords  Profrietcrs  of  Carolina,  by  cr.d  ivuh  the  /Id-vice  and'Confent  cf  the  rejh 
appoint  2  Fr«-  of  ijjg  Members  of  the  General  .  .     cw  met  at  Edenton,  for  the  ^ort\i  Eafc 

nj.oeis    to  Pro-     -jr,  r       r       r   ■  ]    Tt  ■  "  r-  i      i  '      i 

cjffionthtL-i'ndj,  rari  oj  tioe  Ja:a  rro'Vince,  cna  a  iS  Lc^by  lina^ed^  Oy  the  Authority  of  the  fame^ 
'T.Pai.'tycf  51.  'pj^^^  ti-^g  f-veral  and  refpedive  Vcllr-ies,  when  fammoned  to  meet  for  that  Pur- 
pofe  by  the-Churchwardens,  ihall,  without  any  Order  cf  Court,  divide  the  Farifh 
into-conv-enient  Cantons,  and  appoint  1  wo  Aiyit  honeft  Freeholders  in  eaich  Can- 
ton, to  procefiion  tlie  Lands  witiiin  the  fame ;  and  that  the  Churchwardens  in 
each  Farifh,  fhall,  immediately  after  the  t'lr ft  Day  of  Mz/t/j  next,  fummon  the 
Veftry  to  meet  for  that  Purpofj,  under  the  Penalty  of  Five  Pounds  for  each 
Churchwarden  neglecting  the  fame  ;  and  the  Cicrk  ot  the  Parifh  fhall,  after  fuch 
£S«'toths     Appointment  by  the  Veftry,   immediately  give  Notice  to  thfe'faid  Freeholders 
Freeholders.        appointed  in  each  Canton,  and  of  their  refptdive  Divifions,  under  the  Penalty 
of  Five  Pounds -for  every  Canton  fonegk-dtcd  •,  for  which  Notice  die  faid  Veftry 
\  fhall  allow 'tlie  Hiid  Clerk  Twenty  Shillings  out  of  the  Parifti  Monies  j  and  the 

Freeholders  fo  appointed,  on  Notice  given  tnera,  fliall  forthwith  (being  firft: 
prcSnr  upoi.  ^^vorn  to  aft  juftly  and  impartially,  to  the  beft  of  their  KnowJedge,)  proceffion 
Oath,  en  Penal.  Peoples  Land,  as  in  and  by  the  Lid  Ad:  is  alrtady  provided,  under  the  Penaky 
Peiiajfics.  to  be  of  Fi^c  Pounds  each  ;  and  the  fevcral  Penalties  by  the  faid  Ad,  and  hereby  pro- 
chuKhvsLn^*  vided,  fhall  be  recovered  and  rectived  by -the  Churchwardens  only,  and  to  the 
:.-.  theufeof'the  Ufc  of  the  Parifli :  And  any  CEufdiwarden  failing  in  their  Duty  by  the  faid  Ad 
provided,  or  hereby  requirea,  fliall  be  anfwerable  for  their  Penalties  in  their  Ac- 
compts  with  the  Veftry  \  and  if  they  do  not  receive  or  profecute  the  Penalties  for- 
feited by  any  others  for  not  performing  their  Dutjes  in  the  faid  Ad,  or  hereby 
providecl,  fuch  Churchwardens  fhall  be  anfwerable.  for  the  fame  tliemfelves,  in 
their  Accompts  with  the  Veftry. 


F.-irift. 


WiiCTC 


HE  A  ND  he  it  further  Enacted.,  hy  the  Authority  aforefaid.  That  where  the 
...  not  known,  Bounds  -  cannot  be  fully  afcertained  by  fuch  Freeholders  appointed,   they  fhal! 
hen'ou  '"  '"'^  "^^^<^  Return  thereof  accoi-dingly,  that  in  fuch  Cafes  the  Surveyor  may  be  or- 
dered to  run  the  Bounds,  at  the  Charge  of  both  Parties,  in  the  fame  Manner  as 
IS  before  in  the  faid  Ad  provided  to  be  done,  where  one  Party  utterly  refuf^s  to 
have  his  Lands  proceflloned. 


C  H  A  P.     VIE 

:;.=  Ait  pafied  ^^2  ji^    fQ  confirfn  Bath-Town  Common.     ' 

F.^earabie,..        L  TTI  T  H  ER  E  AS^  a'Trad'of  Land,  adjacent  to  Bnth-l'c'jon^  was  granted 
V  V   ^^^  furveyed  for  a  Common  for  the  Ufe  of  the  faid  ToAvn,  and  is  bound- 
ed as  followeth,  viz.  Beginning  at  a  marked  Pine  a"t  the  Effi  Brancli  of  the  Old 
Town^  Creek,  running  up  Captain  Barrow's  Line  to  a  Bound  Oak,  Wcfl  Eight 
^  Degrees 


Z,/^/^  .So/'    North-Carolina.  jj 

—  ,  I  ,  — — ■  ■  ■■  —  ■—■—.  I     ^  ■I...I,  — — — —      ■■■-  — — — — • .  —  — > 

Degrees  North,  Two  Hundred  Pole ;  thence  to  a  marked  Pine  at  David  Perkins*^    ^-  ^'   '7»9- 
Corner,  Norih  Eight  Degrees  £r//r.  One  tlundred  and  Three  Pole  •,  thence  to  a    *^      ^ 
Hickory  at  the  Branch,  Norih  1  en  Degrees  Erfi,  One  Hundred  and  Seventy- 
Two  Pole  ;  thence  down  the  Windings  ot  the  Branch  and  Creek  to  the  firft  Sta- 
tion i  which  faid  Land  contains  One  Hundred  and  Forty  Five  Acres,  but  the 
Title  thereof  hath  never  been  fully  confirmed  : 

II.  B  E  it  therefore  Enabled,  by  his  Excellency  the  Palatine,  and  the  reji  cf  the  ^^.^ 
true  and  abfclutc  Lords  Proprietors  of  Carolina,  by  and  with  the  Advice  and  Confent  cmmon  con- 
of  the  reJi  of  the  Members  of  this  General  Biennial  Jjpmbly,  now  met  at  Edenton,  for  ^'"'"^• 
the  North  Eaft  Part  of  the  faid  Province,  and  it  is  hereby  EnaSled,  by  the  Authority  of 
the  fame.  That  the  faid  Land  lliall  be,  and  is  hereby  appointed  a  Common,  to 
lie  perpetually  for  the  Ufe  and  Benefit  of  the  Inhabitants  of  Bath-Town'  under 
fuch  Reftri<5tions  and  Regulations  as  is  or  fhall  be  appointed  for  Town  Commons ; 
and  that  the  Infpeftion  and  immediate  Care  of  looking  after  the  faid  Common, 
be  in  the  CommifTioners  of  the  faid  Town  for  the  Time  being. 


CHAP.     VIIL 

An  A£ft  te  Repeal  the  Adi,    intituled.  An  Ad,    for  Encouragement  of 
Tanning  Leather  in  this  Province.    O  B  S. 


CHAP.    IX. 

An  additional  A5i  to  the  A5i,  For  the  Tryal  of  fmall  and  mean  Caufes.  Rep.  by  Aft. 

Abril    4,    1741. 


Chap.  15. 


CHAP.    X. 


An  A8i,  for  regulating  Vejiries  in  this  Government,  and  for  the  better  in-  Rep.  by  aq, 

fpeSftng  the  Vejlrymen  and  Churchwardens  Accompli  of  each  and  ever-^  ^^'"'^  ^'  '74'' 

Farifh  in  this  Government.  ^  S?  thfr  p"; 

which    erefl:» 


Nna-Hantver 
into  »  Prtcinft. 


S  I  G  N  E  D  by 

Sir  Richard  Everard,  Governor, 
Chr.  Gale,  J,  Lovick^ 

Edthond  Gale,  Ed.  Mofeley^ 

Rich.  Sanderfon^         Robert  Weji, 
r.  Pollock,  John  Paulin, 

7>  mrley. 

Lords  Proprietors  Deputies; 
Thomas  Swann,  Speaker. 


^  Anno 


L   jl    W    S      of     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


'^•'\4-''^4-  Mr-  WK''»K  '\r-  "^^  *1^  -v-  "»►-  'ir-  -li'-  •1^  ^^  'IN  -;>-  "i^  "if^  "*>•  "vr-  -aK  "»n  -.r-  -v- 

Anno  Regni 

G  E  O  R  G  I  I   II, 

'Regis,    Magnce  Britannice,  Francice,  &c 

Hibernia,  Odavo. 


79 


.1.    U.    1734. 


At  a  General  ASSEMBLY,  held  at  Edenton^  in  Choqmn  ^^\\\\\\, 
Precind,  in  the  Year  of  our  Lord  One  Thoufand  Seven  ^"ij"  ^°'""°'' 
Hundred  and  Thirty  Four. 


CHAP.     I. 

1<^/  vf^,  y^r  Sfampi?2g  and  Exchanging  the  prefent  Bills  of  Currency  of 
this  Provitice,  and  for  the  better  explaining  An  A5i  of  the  General  Af- 
fembly^  pajfed  the  Twenty  Seventh  Day  of  November,  One  Thoujand  Se- 
ven Hundred  and  Twenty  Nine^  intituled.  An  A6t,  for  making  and 
emitting  the  Sum  Forty  Thoufand  Pounds,  Public  BiHs  of  Credit  of 
North-Car olijia,     O  B  S. 


C  H  A  P.     II. 

An  ABy  for  Repealing  a  Claufe  in  an  AB,  intituled.  An  A&.,  relating  to  ^^^^  ^J  ^^f^\ 
Biennial  and  other  Affemblies,  which  impowers  Freemen  of  the  fe-  cup.  i.  . 
veral  Precindls  to  vote  for  Members  of  Aflembly,  and  declaring  what 
Perfons  fhall  be  qualified  to  vote  for  Members  to  fit  in  General  Aflcm- 
bly,  and  alfo  Qualification  of  Members  for  the  future. 


CHAP. 


8o  L  A  W  S    of    North-Carolina. 


A.  D.    1734.  T 

CHAP.    III. 


R*p.  by  Aft.  An  A^,  for  revivhig  an  A£f,  intituled.  An  additional  Adl  to  the  Adt; 
til  t'5.  *'*''  for  Tiyal  of  fmall  and  mean  Caufes. 


CHAP.     IV. 


An  ASi,  for  laying  a  Duty  on  Liquors^  for  and  towards  defraying  the 
contingent  Charges  of  the  Government  j  and  to  make  a  Poll-Tax  gn  tic 
poorer  Inhabitants  more  eafy.     EXP. 


CHAP.    V. 


An  AB,    to  afcertain  the  Allowance  of  His  Majejlfs  Council,   and  thi 
Members  of  AJfembly  of  this  Provifice.     EXP. 


CHAP.     VI. 

« 

I'y^^^^^,^^'^^^  -^«  additional  A5i  to  the  A5t,  concerning  Roads  and  Ferries* 

P/eamWe.  L  T  TT  7"  H  E  R  E  A  S  by  the  aforefaid  A61:,  the  feveral  Precinft  Courts  in  this  Pro- 

yy  %''ince,  are  invefted  with  Power  and  Authority  to  fettle  Ferries,  to  lay- 
out Roads,  to  appoint  Surveyors  thereof,  and  to  dired  where  Bridges  are  to  be 
made,  in  their  feveral  Precinds ;  and  likewife  to  order  Fines  and  Penalties  to  be 
levied  on  fuch  Perfons  as  fhall  refufe  or  negled  to  work  thereon  ;  which  Fines  and 
Penalties  to  be  levied  on  fuch  Perons  fo  refufing  or  negleding,  being  very  fmall, 
and  the  Method  of  levying  or  recovering  of  them  fo  tedious,  that  the  Intention  of 
the  aforefaid  Ad  is  greatly  defeated :  For  Prevention  whereof  for  the  future,  and 
the  better  to  enable  the  faid  Court,  the  feveral  Members  thereof,  and  the  Perfons 
that  are  by  them  appointed,  to  execute  and  perform  their  feveral  OfF^^es  and  Du- 
ties i 

c<Mirt  of  e»ch      n.  W  E  Pray  that  it  may  be  Enaded,  And  he  it  Ena^ed,   by  his  Excellency  Ga.- 
peiTFe»r-kec^-  ^"^^  Johnfton,  Efq;  Governor,  hy  and  with  the  Advice  and  Consent  of  his  Majejlfs 
r"*°tokee""*  CouncH,  and  General  Ajfewibly  of  this  Province,  That  from  and  after  the  Ratification 
thdr  FerrTes      C)f  this  Ad,  the  Court  of  each  and  every  Precind  within  this  Province,  fhall  have 
well  attended,     full  Power  and  Authority,  and  they  are  hereby  authorized  and  impowered,  to  com- 
pell  all  Perfons  that  now  do,  or  hereafter  fhall  be  allowed  and  appointed  to  keep 
any  Public  Ferries  in  any  of  their  feveral  and  refpedive  Precinds,  to  give  good  and 
fufEcient  Security,  in  the  Sum  of  One  Hundred  Pounds,  Current  Money,  pay- 
able to  his  Majefty,  his  Heirs  and  SuccclTors,  with  Condition,  That  he  or  they 
fhall  and  will  conflantly  find,  provide,  and  keep  good  fufficient  Boats,  or  other 
proper  Crafts,  in  good  Repair,  always  to  be  well  attended,  for  Tranfportation  of 
No  Perf  Travellers,  their  Horfes,  Catde,  Carts,  or  Carriages :  And  if  any  Peribn  Ihall 

w.°nrpor7Ho!fef,  pr^fume,  for  Hire  or  Reward,  to  tranfport,  carry,  or  convey  any  Travellers  or 
Sithin  ^10  M*i«',  ■^?^^?"^'  ^^^^^  Horfes,  Cattle,  Carts,   or  Carriages,    over  any  River  or  Creek, 
of  a  Feriy,  on  within  Ten  Miles  of  any  Ferry  heretofore  appointed,  or  that  may  and  fhall  hereaf- 
ter be  appointed  and  eftablifhed,  as  aforefaid,  on  the  fame  Rever  or  Creek  where 

iUch 


L  A  W  ^    c/'North-Carolina.  8i 


fuch  Ferry  is  appointed,  the  faid  Perfon  or  Perfons  lb  offending  fl^all  forfeit  and    ^-  ^-   '734- 
pay  the  Sum   of  Five  Pounds  for  every  fuch  Offence  ;  to  be  recovered,  by  a  War-  ^^       ^ — 
rant  from  Two  Juftices  of  the  Peace,  in  the  Precinct  where  the  fame  'fhall   be    '"""^'^  "^  ^  '* 
committed ;  One  Half  to  the  Party  injured,  and  the  other  Half  to  him  or  them 
that  fhall  fue  for  the  fame:  Any  Thing  in  the  aforcfaid  A(5l  to  the  contrary,  in 
any-wife,  notwithflanding. 

III.  AND  be  it  further  Ena^cd^  by  the  Authority  aforefaid^  That  any  Surveyor  Surveyor  refufing 
of  the  Roads  for  the  flmire,  that  fliall  refufe  to  ad  when  fo  appointed,  or  fhall  h°n1e^ed"by''^baa 
negledl  or  refufe  to  do  his  Duty,  after  Notice  given,  as  in  and  by  the  aforefaid  weather,  to  for- 
Ad  is  dircded,  unlefs  hindered  by  extreme  bad  Weather,  fuch  Surveyor  fhall  M.t^'Jtl'. 
forfeit  and  pay,  for  every  fuch  Offence,  the  Sum  of 'Ten  Pounds  •,  to  be  reco-  ^s"- 

vered  by  a  Warrant  from  Two  Juftices  of  the  faid  Precind  where  fuch  Offence 
Ihall  be  committed,  over  and  above  the  Damages  which  fhall  be  fuftained  by  any 
Perfon  or  Perfons  that  fhall  or  may  be  injured  by  fuch  Negled :  Which  Dam- 
ages fhall  and  may  be  recovered,  by  Adion,  Bill,  Plaint,  or  Information,  in  any 
Court  of  Record  in  this  Province :  And  the  faid  Surveyors  having  duly  fum.-  i'«fons  rffufing 
moned,  or  caufed  to  be  fummoned,  all  the  Male  Tithables  in  his  or  their  feveral  *XJ°fSn,^oned' 
Diftrids,  as  in  the  aforefaid  Ad  is  direded,  (excepting  fuch  Perfons  as  are  therein  to   forfeit  los! 
and  thereby  exempted  from  working  on  the  Roads,)  upon  their  Negled  or  Re-  %'m]  ^'^'' 
fufal  to  do  and  perform  fuch  their  Service,  and  ori  being  fummoned  before  the 
next  Magiflrate,  (unlefs  he  can  then  fhew  a  reafonable  Caufe  for  fuch  his  Neg- 
led or  Refufal,  to  be  allowed  of  by  the  faid  Magiflrate,)  he  or  they  fo  offending 
fhall  forfeit  and  pay  the  Sum  of  Ten  Shillings,  for  every  Day's  Negled  or  Re- 
fufal, with  Cofls ;  to  be  recovered  and  levied  by  an  Order  from  the  faid  Ma- 
giflrate, inftead  of  the  Fine  of  Five  Shillings  therein  mentioned  :  Which  faid 
Fine  of  Ten  Shillings  fhall  be  applied  as  in  and  by  the  aforefaid  Ad  is  direded. 

IV.  A  N  D  be  it  further  EnaBed,  by  the  Authority  aforefaid'.  That  upon  pro-  Precina  Conrts 
per  Application  made  to  any  of  the  Precind  Courts  in  this  Province,  for  clear-  *°  2'^°'^^  ^"// 
ing  of  navigable  Creeks  in  any  of  their  feveral  Precincts,  it  fhall  and  may  be  Ks&cre'ek" 
lawful  for  the  faid  Courts,  and  they  are  hereby  authorifed  and  impowered,  to  ap- 
point fuch  Surveyors  of  the  Roads  as  live  moft  convenient  and  contiguous  to  fuch 

Creeks,  with  their  Companies,  to  do  and  perform  the  fame,  at  fome  convenient 
Seafon  that   fhall  happen,    within  One  Year  after  fuch  Application  j    and  upon  \^^'  ^InlwitM 
Neglect  or  Refufal  of  fuch  Surveyor  or  Company,  or  any  of  them,  to  do  and  forN^giea,'"* 
perform  fuch  Work  and  Service,  after  due  Notice,  upon  due  Proof  thereof,  he  ^^  tCR^adf  "^ 
or  they  fo  refufing  or  negleding,  fhall  be  liable  to  the  fame  Fines  and  Forfeitures 
as  for  Negled  or  Refufal  of  their  Service  on  the  Roads ;  to  be  recovered  and  ap- 
plied as  is  herein  before  expreffed :  Any  Law,  Ufage,  or  Cuflom,  to  the  con- 
trary, in  any-wife,  notwithftanding. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  from  and  Roidt  to  be 
after  the  Ratification  of  this  Act,  every  Surveyor  of  any  Road  within  the  County  tlZ'^  Z  '"' 
oi  Albemarle,  fhall  forthwith  caufe  the  Road  whereof  he  is  Suryeyor,  or  for  any  FcctCaufwajs. 
Road  hereafter  to  be  laid  out,  to   be  cleared,  Twenty  Feet  clear  of  all  Trees ; 

and  every  Caufway  or  Bridge  within  his  Diflrict,  to  be  Ten  Feet  wide. 

VI.  AND  be  It  further  Enacted,  by  the  Authority  aforefaid.  That  nothing  ^"^1  "eo^f  nille 
contained  in  this  Act  fliall  affect  or  make  void  any  Thing  in  an  Act,  paffed  this  R"="'»  in  ^"'i 
prefent  Seffion,  Concerning  Roads,  £s?<r.  for  the  County  of  Bath.  ^°""'^' 


X  CHAR 


I      ii'ii  ■■■iiKlin 


82  LAWS    (^/'North-Carolina. 

j(4.   D.   1734. 

CHAP.     VII. 

An  A5fy  for  laying  oiit^  makings  altering^  and  keeping  in  Repair ^  the  fe- 
veral  Roads  and  Highways  within  the  feveral  PrecinBs  of  the  County 
of  Bath,  and  for  building  Bridges,  and  cleanfing  and  keeping  clean  the 
fever  al  Rivers  and  Creeks  within  the  fame.     REP. 


CHAP.    VIIL 

An  ABj  to  Confirm  and  E/lablif:>  the  PrecinBs  of  Onflow  and  Bladeni" 
a7id  for  appointing  them  dijiindl  Parif>es. 

Prmte.  I.TTTHEREASbyan  Ad,  intituled.  An  A£f,  for  regulating  Veftries  in 

W  this  Gqvernment^  and  for  the  better  infpe^ing  Vejirymen  and  Church- 
wardens Accompts  of  each  and  every  Pariflo  in  this  Government^  it  is  Enaded, 
That  the  Southern  Part  of  this  Province  fhall  be  eredted  into  a  Precinft,  by  the 
Name  of  New-Hanover  Precind;,  and  bounded  to  the  Northward  by  the  Haul- 
over,  and  Little  Inlet,  and  to  the  Southward  by  the  Southernmoji  Bounds  of  the 
Province  •,  and  as  the  Precind  of  New-Hanover  is  now  become  very  populous, 
and  the  Extent  thereof  being  found  too  incommodious  to  many  of  the  Inhabi- 
tants thereof,  particularly  thofe  of  New-River,  and  the  upper  Part  of  the  North-^ 
«;^  River  : 

II.  WE  therefore  pray  that  it  may  be  Enaded,  And  he  it  Enafied,  hy  his  Ex- 
cellency Gabriel  Jobnfton,  Efq;  Governor,  hy  and  with  the  Advice  and  Confent  of 
His  Majejifs  Council,  and  General  AJfembly  of  this  Province,  and  it  is  hereby  En- 
acted, hy  the  Authority  of  the  fame.  That  a  Precind  be  ereded  at  New-River, 
by  the  Name  of  Onflow  Precind  ;  and  that  the  faid  Precinct  be  bounded  to  the 
Northward  hy  Whit eoak  River,  from  the  Mouth  to  the  Head  thereof;  and  to 
the  Southward,  by  a  Creek  that  comes  out  of  the  Sound,  and  comes  acrofs  iVd'W- 
River  Road,  called  the  Bay-Swamp,  or  Beaflefi,  Creek. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  upper 
Part  of  the  Northwefi  River  be  ereded  into  a  Precind,  by  the  Name  of  Bladen 
Precinct  -,  and  that  the  faid  Precinct  be  bounded  to  the  Southward  as  follows, 
mz.  Beginning  at  the  Mouth  of  Livingjlon's  Creek,  and  bounded  by  the  faid 
Creek  to  the  Head  thereof  •,  and  then,  by  a  IVeft  Line,  to  the  Bounds  of  the 
Government ;  and  that  the  faid  Precinct  be  bounded  to  the  Northward  by  Black- 
River,  as  follows,  viz.  Beginning  at  the  Mouth'of  the  faid  River,  and  bounded 
by  the  Main  River  up  to  the  Fork,  and  that  then  the  IVeJiermoft  Branch  be  the 
Bounds  to  the  Head  thereof. 

IV.  AND  he  it  further  Enacthd,  hy  the  Authority  aforefaid.  That  the  faid  Pre- 
cinct of  Onflow  be  a  diftinct  Parifh,  by  the  Name  of  St.  John's  Parifh,  and  Ihall 
have  all  the  Rights  and  Privileges  that  any  other  Parilh  in  this  Government  now 
holds  or  enjoys. 

VI .  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  each  of  the 
abovefaid  Precincts  are  hereby  invefted  with  the  fame  Powers  and  Privileges,  as 
any  other  of  the  Southern  Precincts  have  and  enjoy. 

vn.  ANJ> 


LAWS    o/'    North-  C  a  r  o  l  i  n  a.  83 

A.  D.    1734. 

VII.  AN  D  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Juftices 
of  the  aforefaid  Precincts  Ihall  have  full  Power  and  Authority  to  appoint  a  Place 
for  a  Church,  Court-houfe,  and  Prifon  -,  and  to  Tax  all  taxable  Perfons  in  the 
faid  Precincts,  for  raifing  a  Sum  of  Money  fufficient  to  defray  the  Charges  of  the 
above  Public  Buildings,  purfuant  to  an  Ad,  intituled.  An  A^^  for  fettling  Pre- 
cinEl  Courts  and  Court-houfes. 

VIII.  AND  whereas  there  hath  been  feveral  Courts  held  in  the  Precinct  of 
Onfloiv^  by  a  Com miffi on  from  the  late  Governor,  George  Burringt on,  Efq;  there- 
fore. Be  it  Ena^ed,  by  the  Authority  aforefaid.  That  all  Proceedings  of  that 
Court,  (faving  the  Right  of  Appeal)  are  hereby  declared  good  and  valid. 

IX.  ANT)  be  it  further  EnaEled,  by  the  Authority  aforefaid.  That  the  Precinft 
of  Bladen  is  hereby  erected  into  a  Parifh,  by  the  Name  of  St.  Martin* %  Parilh  : 
But  whereas  the  faid  Parifh  is  in  Arrear  of  Pariih  Money  to  the  Veftry  and  Church- 
wardens of  6"/.  James''s  Parifh,  to  which  they  formerly  belonged ;  therefore.  It  is 
hereby  Ena£led,  That  the  Arrear  aforefaid  fhall  be  paid  to  the  Veftry  or  Church- 
wardens of  St.  James* %  Pariih  :  And  if  any  Perfon  fhall  neglect  or  refufe  to  pay 
the  fame,  it  (hall  and  may  be  lawful  for  the  Veftry  or  Churchwardens  to  take  fuch 
Ways  and  Means  to  recover  the  fame  as  the  Laws  of  this  Province  direct  them 
to  have,  within  the  Parifti  of  which  they  are  the  Veftry  and  Churchwardens. 


C  H  A  P.     IX. 

An  A5l,  for  grmiting  to  His  Majejiy,  the  Sum  of  Fourteen  T^houfand  One 
Hundred  and  Fifty  Founds  T'hree  Shillings  and  Two  Pence,  for  the 
Service  of  the  Fublic  of  this  Province,  and  for  laying  a  Tax  on  the  hi- 
habitant^  of  the  fame  for  the  Payment  thereof -,  and  for  Stamping  the 
Sum  of  Ten  Thoufand  Pounds,  Bills  of  Credit ^  for  the  more  immediate 
Difcharge  of  Part  thereof     O  B  S. 


S  I  G  N  E  D  by 

Gabriel  Johnston,  Efq;  Governor, 

William  Smith,  Prefident. 

William  Downing,  Speaker, 


Anno 


LAWS      ofNoRTH-CAROLINA. 


H 


A.  D.    1733. 


Anno  Regni 

G  E  O  R  G  I  I   IL 

Regis,    Magnce  Britannia,  Franci^y  &C 
Hiberni^y  Duodecimo. 


At  a  General  ASSEMBLY,  held  at  Newhern,  the  Sixth  ^o\Wro\, 
Day  of  March,  in  the  Year  of  our  Lord  One  Thoufand  ^^^'  ''"'""°'- 
Seven  Hundred  and  Thirty  Eight. 


CHAP.    I. 

An  A5i^  for  pro-viding  His  Majefly  a  Renf-Roll^  for  fecuring  His  Ma-  Replied  by  wa 
jejiy's  Rents,  for  the  RemiJJion  of  Arrears  of  ^it-Rents,  and  jor  quiet-  in^'councU.'  "' 
ing  the  Inhabitants  in  their  PoJfeJJions ;  and  for  the  better  Settlement  of 
His  Majejiy's  Province  of  North-Carolina. 


CHAP.     II. 


An  AB,  to  prevent  the  Concealment  of  Tithables  in  the  feveral  Counties  Rep.  by  a«. 
within  this  Province,  for  declaring  what  Perfons  Jhall  be  deemed  Titha-  ch"'  a   '^'*^* 
bleSy  and  for  defraying  the  ftanding  and  contingent  Charges  of  Govern- 
ment, and  appointing  Public  Treafurers  for  this  Province ;  and  for  grant- 
ing to  His  Majejiy  a  Poll-Tax  of  Five  Shillings  per  Head,  to  be  levied 
m  the  Tithable  Inhabitants  of  this  Province, 


■*"^     ■■■— ^<^F«^i— ^ 


CHAP. 


C  V 


86  LAWS    o/'    North-Carolina. 


A.  D.     1738. 


CHAP.    III. 


• 

An  A5i,  for  appointing  Sherifs  in  the  Room  of  Mar  pah  of  this  Prcuince^ 
for  prefcribing  the  Method  of  appointing  them,  and  for  limiting  the  Time 
of  their  Continuance  in  Office,  and  dire  Sting  their  Duty  therein,  and  for 
aboUjhing  the  Office  of  Pro^uoji-Marfml  of  this  Provifice ;  and  for  alter- 
ing the  Names  of  the  Frecindis  into  Counties. 

Pr«mwc.  j_  ^^y-  H  E  R  E  A  S  the  Office  of  Provoft-Marlhal  hath  been  found  to  be  very 

Vy  inconvenient  in  this  extended  Province,  the  Deputy  Marlhals  not  only 
negle6ting,  but  frequently  refufing  to  do  their  Duty,  to  the  great  Delay  of  juf- 
tice,  which  hath  occafioned  great  Murmurs  and  Difcontents  among  the  Inhabitants 
of  this  Province  :  For  Remedy  m/ hereof,  and  to  the  End  that  Juftice  may  be  more 
efFedually  adminiftred,  and  that  Sherifs  may  be  appointed  in  each  and  every 
County  within  this  Government  \ 

County  Court  II.  WE  Pray  that  it  may  be  Enaded,  And  he  it  EnaEied,  hy  his  Excellency  Ga- 
tr?ecomme"d"3  bricl  Johnfton,  £/j;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majejifs 
Governo'''  '^'b  ^°^""^->  ^^^^  General  AJfembly  of  this  Province,  and  by  the  Authority  of  the  fame, 
Shenff""''  '°  ^  That  the  Court  that  Ihall  be  held  in  each  and  every  County  next  after  the  Rati- 
fication of  this  Ad",  0M  fucceflively  at  the  faid  Courts  every  Two  Years,  fhall 
be  recommended  to -the  Governor  or  Commander  in  Chief  of  this  Province  for 
Repealed  as  to    t^g  Time  being,  Three  fuch  Perfons  (being  Juftices  in  the  fame  County  Court) 

being    Tuftices,  ,  niii-t  n    r  nii  ,^,v.  ,.  ^'  ' 

I74S,  Chap.  5.  as  they  (hall  thmk  molt  fit  and  able,  to  execute  the  Office  of  Sheriff  for  their  re- 
fpedive  Counties,  for  the  Two  then  next  fucceeding  Years  -,  of  which  Three  Per- 
fons fo  recommended,  the  faid  Governor  or  Commander  in  Chief  fhall  according- 
ly commiffionate  fuch  one  as  to  him  Ihall  feem  meet  for  the  faid  Office  of  Sheriff 
within  fuch  County,  for  the  Two  next  enfuing  Years  after  fuch  Nomination  j 
during  which  Time  the  faid  Sheriff  fhall  not  ad  as  a  Juftice  of  the  Peace  in  that 
County. 

This  ciaufe  Re.  Hi.  AND  he  it  further  Emcted,  hy  the  Authority  aforefaid.  That  no  Perfon 
chap.'a/^'^^'  fliall»  at  any  Time  hearafter,  be  capable  to  excecute  or  enjoy  the  Office  of  Sheriff 
for  any  County  within  this  Province,  unlefs  fuch  Perfon,  at  the  Time  of  his  en- 
tering into  and  upon  the  faid  Office  of  Sheriff,  fhall  be  a  Juftice  of  the  Peace  in 
the  fame  County  ;  neither  fhall  it  be  lawful  for  any  Perfon  to  excecute  or  enjoy  the 
faid  Oflice  for  any  longer  than  Two_Years,  next  fucceeding  each  other. 

siieriff  to  gWe        IV.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  when   any 

Sterii„g.'"^°°''  Perfon  fhall  have  obtained  a  Com miffion  for  the  Office  of  Sherifi'  of  any  County, 

before  he  fhall  be  admitted  to  take  the  Oath  of  a  Sherift,^  or  fhall  enter  upon  the 

Execution  of  his  faid  Office,  he  fhall,  at  the  Court  of  his  County,  enter  into  Bond, 

to  our  Sovereign  Lord  the  King,  his  Heirs  and  Succeftbrs,  with  Two  good  and 

fufficient   Securitis,  in   the  Sum  of  at  leaft  Five  Hundred  Pounds   Sterling,  fox 

Bond  to  be  taken  his  truc  and  faithful  Performance  of  his  Office :  Which  Bond  the  faid  County 

recorded!"""'  ^  Court  is  hereby  impowered  and  required  to  take,  and  caufe  to  be  acknowledged 

before  them  in  open  Court,  and  recorded  in  the  Records  of  the  County ;  and 

fhall  alfo,  befides  taking  the  Oaths  appointed  by  Law  for  Public  Officers,  take 

the  following  Oath : 

Sherifs  Oath.  T  A.  B.  do  fokmnly  fwear,  'J'hat  I  will  truly  and  faithfully  execute  the  Office  of 
X  Sheriff  of  the  County  ofC.  to  the  befi  of  my  Skill  and  Ability,  agreeable  to  Law  % 
and  that  I  will  not  take  or  receive  any  Bribe  from  any  Perfon  for  returning  any  Man 
to  ferve  as  a  Juror  on  any  fury,  or  for  making  falfe  Returns  of  Writs,  during  th? 
Time  J  fhall  continue  in  the  faid  Office.  So  help  me  God. 

,  v.  AND 


X^f/^^C/'NORTH-CAROLINA.  8/ 


vV.  A  N D  he  it  further  EnaSfed^  by  the  yluthority  aforefaid^  That  every  Perfon 
hereafter  commiffioned  to  be  a  Sheriff,  for  any  County  within  this  Province,  upon  a  u'^etl\lVxl 


J.  D.    i73«. 
^ * 

I'trf  ns  refufmg 
"eiC 


Recommendation  of  the  County  Court,  in  Purfuance  of  this  A6t,  and  thereupon  ^^^  '"  ^^=  ""' 
refufmg  to  accept  the  Office  of  Sheriff,  and  to  perform  the  Duty  thereof,    Ifiall, 
forfeit  the  Sum  of  Eight  Pounds,  Proclamation  Money,  payable  to  the  next  fuc- 
ceeding  Sheriff;  to  be  recovered  as  other  Fines  and  Forfeitures  in  this  Act  directed. 

VI.  AND  be  it  further  EnaEfcd^  by  the  Authority  aforefaid^  That  if  any  Coun-  Cr.unty  court 
ty  Court  fhall  hereafter  neglect  or  refufe  to  recommend  Three  Perfons  to  be  She-  coniml!!jV°Go- 
riffs,  according  to  the  Directions  of  this  Ad,  it  Ihall  and  may  be  lawful,  in  fuch  v?rnor  may  ap- 
Cafes,  for  the  Governor  or  Commander  in  Chief  of  this  Province  for  the  Time  ^°'°'' 
being,  and  he  is  hereby  impowered,  to  appoint,  by  his  Commiffion,  any  one 

Perfon,  nominated  a  Juftice  of  the  Peace  for  the  faid  County,  as  he  fhall  think 
proper,  tho'  fuch  Perfon  be  not  then  fworn  a  Juftice ;  and  if  fuch  Perfon  fhall 
hereafter  refufe  to  accept  the  Sheriff's  Office,  and  to  perform  the  Duty  thereof, 
purfuanc  to  his  Commifllon,  he  fhall  forfeit  the  Sum  of  Eight  Pounds  Proclama- 
tion Money  ;  to  be  paid  as  aforefaid. 

VII.  AND  be  it  further  EnaEled,  by  the  Authority  aforefaid.  That  if  any  Per-  sherff  dying, 
fon,  being  one  of  the  Three  Perfons  recommended  by  the  Juftices  of  the  County,  Governor  to  ap- 
and  appointed  Sheriff  in  Purfuance  of  the  faid  Ad,  ihall  happen  to  die  in  the  K  Tc?m/^ 
Time  of  his  Sherifalty,  it  ffiall  and  may  be  lawful,  in  fuch  Cafe,  for  the  Gover-  mended. 

nor  or  Commander  in  Chief  of  this  Province  for  the  Time  being,  and  he  is  here- 
by impowered,  to  appoint  one  of  the  Survivors  recommended  as  aforefaid,  to  be 
Sheriff"  in  his  Room  :  And  when  any  Sheriff  appointed  upon  a  Negled  or  Refufal 
of  the  County  Court  to  recommend  Three  Perfons,  according  to  the  Diredions  of 
this  Ad,  ihall  happen  to  die  in  the  Time  of  his  Sherifalty,  it  fhall  be  lawful  for 
the  Governor  or  Commander  in  Chief  for  the  Time  being,  and  he  is  hereby  im- 
powered, to  appoint,  by  his  Commiffion,  any  one  Perfon  nominated  a  Juftice 
in  the  Commiffion  of  the  Peace,  altho'  fuch  new-appointed  Perfon  be  not  fworn 
a  Juftice  :  And  whatfoever  Perfon  fo  appointed  Sheriff  upon  the  Death  of  another, 
fhall  refufe  to  accept  the  Office  of  Sheriff,  and  perform  the  Duty  thereof,  pur- 
fuant  to  his  Commiffion,  he  fhall  forfeit  the  Sum  of  Eight  Pounds  Proclamation 
Money  ;  to  be  recovered  and  paid  as  aforefaid. 

VIII.  P ROVID  ED  always.  That  no  Member  of  his  Majefty's  Council,  a  Members    of 
Member  of  the  Houfe  of  AiTembly,  or  eleded  as  fuch  tho'  ading  as  a  Juftice  of  ^^\"j''  "^'^^r- 
the  Peace,  fhall  be  obliged  to  execute  the  Office  of  Sheriff;  any  Thing  contained  be  sheriff." 

in  this  Ad  to  the  contrary,  notwithftanding. 

IX.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Fines  and  Fines  not  otfier. 
Forfeitures  mentioned  in  this  Ad,  not  otherwife  applied,  fliall  be  to  our  Sovereign  ^,'t,  the  King!" 
Lord  the  King,  his  Heirs  and  Succeflbrs,  for  and  towards  the  Support  of  this  Go- 
vernment, and  the  contingent  Charges  thereof;  and  ihall  and  may  be  recovered, 

with  Cofts,  by  Adion  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  in  this 
Province,  wherein  no  Effoign,  Protection,  or  Wager  of  Law,  fhall  be  allowed 
or  admitted  of. 

• 

X.  P  i?  0  VID  E  D  always,  That  if  any  Perfon  hereafter  appointed  to  excecute  Perfons  making 
the  Office  of  Sheriff,  in  any  County  of  this  Province,  fhall  be  willing  to  execute  the  ?'!/„''' V!",!^ 
lame,  but  cannot  get  fufficient  Security,  for  the  Performance  of  his  Duty  therein,  rity,  not  Uabk 
as  by  the   faid  Ad   is  required,  fhall  make  Oath,  in  the  Court  of  the  County  for  "  '**'  ^"''''^• 
which  he  fhall  be  appointed  Sheriff,  that  he  hath  ufed  his  beft  Endeavours,   truly 

and  bona  fide,  without  Covin  or  Collufion,  to  get  Security  for  the  Performance 
thereof,  (which  Oath  the  faid  County  Courts  are  hereby  impowered  and  required 

to 


88  LAWS    of    North-Carolina. 


A.  D.   173S. 


Refarn   when  to 

be  stiadc. 


to  adminifter,)  that  then  luch  i^erfon  making  Oath  as  aforefaid,  fhall  not  incur, 
or  be  liable  to  the  Forfeiture  of  the  Sum  of  Eight  Pounds  Proclamation  Money, 
in  tliis  Ad:  mentioned  -,  any  Thing  in  this  Ad  to  die  contrary  thereof,  in  any- 
wife,  notwlthftanding. 

sserfftocx..,,.^      ^^-  ^NDhe  it  further  Enacted,  by  the  Authority  aforefaid.  That  every  She- 
aii  Writs,  ^c.  riff,  by  himfelf,  or  liis  lawful  Deputy  or  Deputies,  fliall  execute  all  fuch  Writs 
and  Precepts,  from  Time  to  Time,  as  fhall  be  to  him  directed,  according  to 
the  Demand  thereof-,  and  alfo,  fhall  make  due  Return  thereof  in  Manner  fol- 
lowing ;  that  is  to  fay,  All  Writs  and  Precepts  returnable  in  any  County  Court, 
fhall  be  executed,  and  Returns  thereof  made,  at  leaft  Five  Days  (excluding  Sun- 
day) before  the  Day  therein  mentioned  for  the  Return  •,  and  all  Writs  and  Pre- 
cepts returnable  in  the  General  Court,  fhall  be  executed  according  to  the  feveral 
Ads  of  AfTembly  of  this  Province,  and  Return  thereof  fhall  be  made  the  Firft 
shenfF  to  forfeit  Day  of  the  fitting  of  the  Court :    And  every  Sheriff  failing  to  make  fufficient 
oAirDulJ'^'""^  Return  of  all  or  any  of  the  Precepts  to  him  direded,  as  aforefaid,  and  according 
to  the  feveral  Times  herein  before  limited,  fhall,  for  every  fuch  Offence,  forfeit 
and  pay  the  Sum  of  Five  Pounds  Proclamation  Money,  unlefs  the  Sheriff  fhew 
fufficient  Caufe  for  fuch  Negled  ;  one  Moiety  thereof  to  our  Sovereign  Lord  the 
King,  his  Heirs  and  Succeffors,  for  and  towards  the  Support  of  the  contingent 
.    ,  Charges  of  this  Government,  and  die  other  Moiety  to  him  or  them  that  fhall 

fue  for  the  fame :  To  be  recovered,  by  Adion  of  Debt,  Bill,  Plaint,  or  Infor- 
mation, in  any  Court  of  Record  within  this  Province,  in  which  no  Effoign, 
An\  liable  to  an  Proteclion,  or  Wager  of  Law,  fhall  be  allowed  ;  and  moreover,  fuch  Sheriff 
Fan'""  rievcd'^'  ^"^  failing  as  aforefaid,  fhall  be  liable  to  an  Adion  at  Common  Law,  at  the  Suit 
of  the  Party  injured,  for  any  Damage  which  fhall  be  fuflained  by  fuch  Failure: 
Sheriff  making  And  if  any  Sheriff,  by  himfelf.  Officer,  or  Deputy,  having  executed  any  Writ 
tXw^Z^'Z  or  Precept  to  him  direded,  fhall,  by  himfelf.  Officer,  or  Deputy,  make  falfe 
liable  to  an  Ac-  Rctum  thereof,  every  fuch  Sheriff  fo  offending,  fhall  forfeit  and  pay  the  Sum  of 
*'°'''  Ten  Pounds  Proclamation  Money,   to  be   recovered  and  applied  as  aforefaid  ; 

and  alfo,  fliall  be  liable  to  an  Adion  at  Common  Law,  at  the  Suit  of  the  Party 
grieved,  for  any  Damage  which  fhall  be  fuftained  by  fuch  falfe  Return. 

No  Writ,  ©■<.  to      ^^^*  PROVIDED  always.  That  it  fhall  not  be  lawful  for  any  Sheriff,  or 

be  executed  on  his  Officer  or  Deputy,   to  execute  any  Writ  or  Precept  upon  the  Lord's  Day, 

Pcrflw'excepu".  commonly  called   Sunday,  or  upon  any  Perfon  excepted,    or  upon  the  feveral 

'        Days  prohibited  by  the  Laws  of  this  Province  ;  and  the  Execution  of  any  Writ 

or  Precept  contrary  to  the  true  Meaning  hereof,  is  hereby  declared  to  be  null 

and  void  :  Any  Thing  herein  contained  to  the  contrary,  notwithflanding. 

Except  for  Trca.  XIII.  PROVIDED  neverthekfs.  That  it  fhall  and  maybe  lawful  for  the 
BT«ch'if  Peace!  Sheriff,  his  Officer  or  Deputy,  at  any  Time  and  Place  whatfoever,  to  arrefl  and 
apprehend  any  Perfon  for  Treafon  or  Felony,  or  Sufpicion  of  Felony,  or  being 
acceffory  thereto,  or  for  any  Riot  or  Breach  of  the  Peace,  or  upon  any  Efcape 
out  of  Prifonj  any  Thing  herein  contained  to  the  contrary  thereof,  notwith^ 
Handing. 

Sheriff  to^  take  XIV.  A  N  D  he  it  further  Enacted^  hy  the  Authority  aforefaid.  That  no  She- 
jn^^cuftody','  ""0  riff>  or  any  of  his  Officers  or  Deputies,  fhall  take,  or  caufe  to  be  taken  or  made, 
themicives.  any  Obligation,  for  any  Caufe  whatfoever,  by 'Colour  of  their  Office,  but  only 
to  themfelves,  of  any  Perfon,  nor  by  any  Perfon,  which  fhall  be  in  their  Ward, 
by  the  Courfe  of  the  Law,  but  by  the  Name  of  their  Office,  and  upon  Condidoix 
written.  That  the  Prifoner  or  Prifoners  fhall  appear  at  the  Day  contained  in  the 
Writ,  Precept,  Bill,  or  Warrant,  and  in  fuch  Places  as  the  aforefaid  Writs,  Pre- 
cepts, Bills,  or  Warrants  fhall  require  •,  and  any  Sheriff  or  other  Officer  taking 
an  Obligadon  in  any  other  Form,  by  Colour  of  dieir  Offices,  the  fame  fhall  be 
null  and  void.  XV.  PRO- 


X/^/i^/So/^    North -Carolina.  89 


173 


XV.  P  ROVIDEB  always,,  That  it  fliall  and  may  be  lawful,  to  and  for  ^Z^, 
any  Sheriff  or  other  Officer,  to  take  fuch  other  Obligation  of  any  Perfon  or  Pcr- 

fons  in  their  Ward,  as  is  or  fhall  be  particularly  and  expredy  dirc6led,  by  any 
other  A6t,  upon  any  fpecial  Cafe  therein  mentioned  -,  any  Thing  herein  contained 
to  the  contrary,  notwithftanding. 

XVI.  AND  be  it  further  EnaHed^    hy  the  Authority  aforefaid.  That  if  any  Perfon  not  to  be 
Writ  or  Precept,  in  any  Civil  Adion,  fhall  be  diredled  to  any  Sheriff  or  other  r'e"mn  thT'cifc 
Officer,  to  attach  the  Body  of  any  Perfon  which  is  not  to  be  found  within  the*  ""'y- 
County  where  fuch  Sheriff  or  other  Officer  refides,  in  fuch  Cafe,  Return  of  the 

fame  Writ  or  Precept  within  the  Time  limited  Ihall  be  made,  according  to  the 

Truth  of  the  Cafe ;   and  if  the  Perfon  againft  whom  fuch  Writ  or  Precept  if- 

fued,  fhall  not  appear,  being  thereto  lawfully  called,  by  Proclamation,  in  open  aJpcar/wLn"' 

Court,  at  the  Return  thereof,  an  Attachment  fhall  be  awarded  againft  his  Eftate,  ""<^''  '"  c°"«, 

returnable  to  the  next  Court,  at  which  Time,  if  the  Defendant  fhall  fail  to  ap-  J^;w  !^H  againft 

pear,  the  Eftate  fo  attached,  or  fo  much  thereof  as  fhall  be  fufficient  to  pay  what  ^'^  Eftate. 

fhall  appear  to  be  due  to  the  Plaintiff,  with  Colls  of  Suit,  fhall  be  fubjed  to  fuch 

Rules  and  Regulations  as  by  the  Laws  of  this  Province  are  made  and  provided  ; 

but  if  at  the  Return  of  the  Attachment  as  aforefaid,  the  Defendant  fhall  appear, 

and  give  Special  Bail,  then  the  Attachment  fhall  ceafe  and  become  void,  and  the  ,he  Attachment 

Tryal  fhall  proceed  as  in  other  like  Cafes,  and  as  if  the  Defendant  had  appeared  ^°  ''^  ''"^<'- 

at  the  Return  of  the  firfl  Writ  or  Precept. 

XVII.  PROV  IB  ED  always.  That  no  Sheriff  or  other  Officer,  fliall  make  sherif  not  to  re- 
Return  upon  any  Writ  or  Precept,  againft  whom  the  fame  iffued  is  not  to  be  IT/J""  fi  \^ 
found,  until  he  fhall  aftually  have  been  at  l\tt  Dwelling-houfe  or  Place  of  Refi-  ^"  ''f "  55  *^' 
dence  of  fuch  Perfon,  and  not  finding  him,  fhall  have  there  left  an  attefted  Copy  ©"c/  '  """' 
of  the  fame  Writ  or  Precept. 

XVIII.  PROVIDED  alfo.  That  if  any  Writ  or  Precept  fhall  be  delivered  Writ  againft  a„ 
to  any  Sherif  or  other  Officer,  to  attach  the  Body  of  any  Perfon  being  a  known  Jihei^'county", 
Inhabitant  of  another  County,  and  not  of  the  County  where  the  faid  Sherif  re-  to  be  returned' 
fides,  in  fuch  Cafe  the  Sherif  or  Officer  fhall  make  Return  according  to  the  Truth  2/^ay^frue 
of  the  Cafe,  and  not  that  the  Perfon  is  not  to  be  found  in  his  County  ;  and  there-  *"  ^'^^  shedf  of 
upon  an  Alias  fhall  iffue,  direfted  to  the  Sherif  where  fuch  Defendant  may  refide ;  '^"''^  '^"""'^* 
and  that  no  Variance  of  the  Addition  of  the  Place  of  Abode  flaall  be  deemed 

Error. 

XIX.  AND  he  it  further  Enabled,  by  the  Authority  aforefaid.,  That  from  and  sherif  may  take 
after  the  Ratification  of  this  Ad,  it  fhall  and  may  be  lawful  for  the  Sherifs  of  the  ••^w*""'  f««- 
feveral  Counties  of  this  Province,  to  take  and  receive  to  themfelves,  the  feveral 

Fees  appointed  by  the  Laws  of  this  Province  ;  and  liable  to  the  Penalties  for  tak-  , 

ing  extravagant  or  more  Fees  than  are  by  Law  eftabliftied. 

XX.  AND  he  it  further  Enact hd,  hy  the  Authority  aforefaid.  That  the  Sherif  g^^^IJi'e'JJ'"* 
or  Deputy  of  each  County  fhall,  by  Turns,  attend  the  General  Court,  according  by'"Turns""rc*. 
to  a  Rule  to  be  eftablilhed  by  the  faid  Court ;  and  fliall  and  are  hereby  impow-  "^""^'"^ «°  R"i«. 
ered,  in  Cafe  of  Default  or  non- Appearance  of  Turors  on  any  principal  Pannel,  „   ,   ^ 

to  lummons  any  By-ltanders,  that  are  Freeholders  and  qualified  to  ferve  as  Ju-  CafeofNced,  to 

rors,  tho'  fuch  Freeholder  or  Freeholders  may  refide  in  any  other  County  than  ^^  '""'"monej. 

where  the  General  Court  is  held ;    and  that  every  Sherif,  or  his  Deputy,  fhall  sherifs  to  attend 

conftantly  attend  at  the  Court  of  the  County  for  which  he  is  Sherif.  ^"""'^  '^'"'"'■ 

XXI.  AND  whereas  fundry  Suits  have  been,  and  are  now  depending  in  the 
General  Court,  or  the  Courts  heretofore  called  Precind  Courts  of  this  Province, 

Z  the 


90  LAWS     o/"    North-Carolina. 

^■^  I73S-  the  Procefs  whereof  have  been  executed  by  the  Provoft  Marihal,  or  his  Deputies  , 
■vvh^^TXitTTre  -S^  ^^  Ena£led,  by  the  Authority  aforefaid.  That  in  all  fuch  Cafes,  the  Provoft- 
begun,  M.r/hai  Marflial  in  whofe  Time  fuch  Procefs  was  executed,  fhall  be  as  liable  and  fubjed: 
to  fuch  Payments  and  Orders  of  the  General  Court,  or  the  Courts  heretofore 
called  Precin<5t  Courts,  as  he  might  or  ought  to  have  been  if  this  A61  had  never 
been  made  ;  and  fhall  be  intituled  to  the  fame  Fees  as  by  Law  are  appointed  in 
fuch  Cafe  :  Any  Thing  herein  contained  to  the  contrary,  notwithftanding. 

Office  of  i>rovofl.       XXII.  AND  he  it  further  Enabled,  by  the  Authority  aforefaid^   That  from 

Maifna]  abo-  and  after  the  Twenty  Fifth  Day  of  March,  in  the  Year  of  our  Lord  One  Thou- 
fand  Seven  Hundred  and  Thirty  Nine,  the  Office  of  Provoft-Marfhai  in  this  Pro- 
vince fliall  be  abolifhed,  and  totally  ceafe  and  determine,  as  if  fuch  Office  had 

precinas  altered  ncvcr  bccn :  And  that  from  and  after  the  Ratification  of  this  Aft,  the  feveral 

to  Counties.       Precindls  within  this  Province  iliall  be  called  Counties. 

XXIII.  AND  whereas  .the  Office  of  Provoft-Marfhai,  by  this  Aft  abolifhed, 

is  vefted  in  Robert  Halton,  Efq-,  who  being  willing,  for  the  Public  Good,  to  give 

up  the  faid  Office,  and  the  AfTembly  taking  the  fame  into  Confideration,  have 

agreed  to  give  the  faid  Robert  Halton,  Efq;  the  Sum  of  Two  Thoufand  Pounds, 

.  Current  Bills  of  Credit  of  this  Province  : 

n^bat  luuon,  XXIV.  B  E  it  Ena5ied,  by  the  Authority  of  the  fame.  That  the  faid  Robert 
Efq;  to  be  paid  HaltoH,  Efq-,  have  the  faid  Sum  of  Two  Thoufand  Pounds  paid  him  out  of  the 
L°g°°up  FroYoft-  Public  Money  of  this  Province  •,  One  Thoufand  Pounds  thereof  to  be  paid  at 
Maifhai,  paffing  of  this  A(5b,  and  the  other  Thoufand  Pounds  to  be  paid  within  Three 

Time  of  p  Years  next  after,  if  this  Aft  be  not,  within  that  Time,  Repealed,  or  upon  No- 
nieni.  ^^"  tice  of  the  Royal  AfTent  being  given  to  this  Aft  ;  to  be  placed  in  the  Eftimate  of 
the  Public  Accounts  of  this  Province,  before  the  breaking  up  of  this  SefTion  ; 
and  for  which,  after  the  Expiration  of  the  faid  Three  Years,  or  Notification  of 
the  Royal  AfTent  to  this  Aft,  which  fhall  firft  happen,  it  fhall  and  may  be  law- 
ful for  the  Governor  or  Commander  in  ChieY  fdr  the  Time  being,  to  ifTue  his 
Warrant  for  the  fame. 


C  H  A  P.    IV. 

^Jprii  6^  /?'  -^^  •^^>  fi^  facilitating  the  Navigation  of  the  feveral  Ports  of  this  Pro- 
chap.  10.  vince,  and  for  Buoying  and  Beaconing  the  Channels  leadijig  from  Oca- 

cock  Inlet,  to  Edenton,  Bath-Town,  and  Newbern,  and  from  Top- 
fail  Inlet,  to  Beaufort  Town,  and  other  Ports  and  Inlets  within  the  faid 
Province  herein  mefitioned ;  and  for  providing  fiifficient  Pilots  for  the 
fafe  Condu5f  of  Vejfels, 


CHAP.    V. 

Repealed  by  his  An  A£f,  dcchrijig  what  Jhall  he  deemed  a  fufficient  Cultivation  of  hands 
i!f tounci?."'"'      already  grajited,  or  hereafter  to  be  granted,  by  His  Majejiy ;  and  for 
afcertaining  the  Manner  of  granting  lapfed  Lands. 


CHAP. 


LAWS    o/'    North-Carolina.  91 

yl.  D.   1738. 

C  H  A  P.     VI.  "^^^      ' 

An  ABy  for  appointing  Circuit  Courts^  and  for  enlarging  the  Tower  of  Rep.    by  aa. 

the  County  Courts.  chlV/z.  ^'"^ ' 


CHAP.     VII. 


An  A5iy  to  appropriate  'Two  Thoufand  Pounds^  Current  Bill  Mo?icy,  to 
ere£f  a  fujjicient  Goal,  and  Office  or  Place  for  the  fafe  keeping  the  Re- 
cords of  the  General  Court,  and  for  repairing  the  Court-houfe  at  Eden- 
ton  5  and  j or  other  Purpofes  therein  mentioned.     O  B  S. 


CHAP.     VIII. 

An  AB-,  for  the  Encouragement  and  better  Regulation   of  the  Town  of  ^7;^^^]'  ,^^' 

Edenton.  chap,  i.' 


C  H  A  P.     IX. 

An  AB;,  for  dejlroying  Vermin  within  this  Province.     EXP. 

C  H  A  P.     X. 

An  A5i,  to  prevent  killing  Deer,  at  imfeafonahle  Times, 

\}  W  E  it  Enabled,  by  his  Excellency  Gabriel  Johnfton,  Efq;  Governor,  hy  and  no  Deer  to  be 
13  i^ith  the  Advice  and  Confent  of  his  Majejifs  Council,  and  General  JJf em-  ^^'^  J^^''^"** 
lly  of  this  Province,  and  it  is  hereby  EnaSled,  hy  the  Authority  of  the  fame.  That  it  juiy  15,  on  Pe- 
fliall  not  be  lawfull  to  kill  or  deftroy  any  Deer,  running  wild  in  the  Woods,  or  "^^'^  °'  s  '• 
unfenced  Ground,  in  this  Government,  by  Gun,  or  any  other  Ways  or  Means 
whatfoever,  between  the  Fifteenth  Day  of  February,  in  each  Year,  and  the  Fif- 
teenth Day  of  July  fucceeding,  after  the  Ratification  of  this  Ad :  And  if  any  Per- 
fon,  not  being  a  Servant  or  Slave,  fliall  kill  any  Deer  contrary  to  this  KQi,  and 
be  thereof  lawfully  convicted,  the  faid  Perfon,  for  every  Deer  fo  killed  or  deftroy- 
"  ed,  fhall  forfeit  and  pay  the  Sum  of  Five  Pounds,  current  Money. 

II.  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  if  any  Servant  servant  or  siav« 
or  Slave,  by  Order  or  Command  of  his  or  herMafter,  Millrefs,  or  Overfeer,  fhall  ^^^l^^^^l^] 
kill  or  deftroy  any  Deer,  contrary  to  this  Ad,  the  Mafter,  Miftrefs,  or  Overfeer  mand,  Mafter  r.. 
giving  luch  Order  or  Command,  and  being  thereof  lawfully  convided,  for  every  "f^x.^"-^  '^^^  ^^• 
Deer  fo  killed  or  deftroy  ed,  as  aforefaid,  (hall  forfeit  and  pay  the  aforefaid  Penal- 
ty of  Five  Pounds,  as  if  the  faid  Mafter,  Miftrefs,  or  Ove»feer  had  adlually  com- 
mitted the  Offence. 

\ 

m.  ANB 


92  LAWS     (?/'    North-Carolina. 


A.  D.    173S. 

^^^Zi^C^.z       in.  AND  he  it  further  Ena^ed,  hy:tht  Authority  aforefaid.  That  if  any  Ser- 
kiiiing  Deer,  to  yant  Of  Slavc,  of  his  own  accord,  without  any^  Order  or  Command  from  his  or 
inleis^theytwe  her  Maftcr,  Miftrcfs,  orOverfeer,  fhall  kill,  deftroy,  or  buy  any  Deer,  contrary 
s^carity  for  the  to  this  Ad,  and  be  thereof  ~convided,  by  the  Oath  of  one  credible  Witnefs,  before 
a  Juiliceof  the  Peace  of  the, County  wherein  the  Offence  is  committed,  for  every 
Deer  fo  killed  or  deftroycd  as  aforefaid,  the  faid  Servant  or  Slave  iliall  have  and. 
receive,  on  his  or  hef  "bare  Back,  Thirty  Lafhes,  well  laid  on,  to  be  inflided  by 
Order  of  the  faid  Juftice  before  whom  the  Ikid  Convidion  (hall  be,   unlefs  fome 
-    fufficient  Perfon  will  become  bound  to  pay,  for  the  faid  Servant  or  Slave,  the  Sum 
of  Five  Poufids  current  Money,  within  Six  Months,  in  Lieu  of  the  faid  Punifh- 
ment  aforefaid,  to  the  Churchwardens  of  the  Parifh  where   the  Offence  is  com- 
mitted, for  the  Ufes  direded  by  this  Act 

Fines  a   ro  rU-       ^^ '  ^^P  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  one  Moiety 
ted.  of  the  Forfeitures  of  this  Ad,  fhall  be  to  the  Churchwardens  of  the  Parifh  where 

fuch  Offence  is  committed,  for  the  Ufc  of  the  Parifli,  and  the  other  Moiety  to  the 
Informer;  to  be  recovered,  with  Cofts,  by  a  Warrant  from  any  Juftice  of  the 
Peace  within  this  Government;  faving  unto  all  free  People,  the  Right  of  Ap- 
^lowcd"^  -^PP'^'  peal  to  the  County  Court  where  the  Offence  is  committed :  Which  faid  Court  is 
finally  to  determine  the  fame ;  wherein  no  Effoin,  Protedion,  or  Wager  of  Law, 
ftiall  be  allowed  or  admitted  of. 


CHAP.     XL 

An  A5f,  for  appointitig  a  Toism  on  the  Plantation  where  William  Web- 
fter  ?tow  dwelleth,  in  Hyde  County^  on  the  Weft  Side  of  Matcha- 
pungo  River. 

Private.  I.  TXrE  pray  that  it  may  be  Enaded,,  And  he  it  EnaSied,  hy  his  Excellency 

V  V  Gabriel  Johnfton,  Efq^-,  Governor,  by  and  with  the  Advice  and  Confent  of 
his  Majefffs  Council,  and  General  Affcmhly  of  this  Province,  and  hy  the  Authority  of 
the  fame.  That  all  the  Land  from  a  Creek  next  to  William  Denmark^?,,  running  to 
another  Creek  next  to  Richard  Lenimonfs,  on  a  dired  Line  on  the  River  Side, 
running  from  the  high  Land  on  each  Creek,  One  Hundred  Yards  back,  on  a  di- 
red Line,  is  hereby  declared  to  be  a  Townfhip,  by  the  Name  of  Woodflock,  with 
all  Priviledges  and  Immunities  hereafter  mentioned  and  expreffed,  for  ever;  and 
that  the  Property  of  the  faid  Plantation  or  Townfhip,  be,  and  it  is  hereby  hence- 
forward invefted  in  Samuel  Sinclair,  Gentleman,  Mr.  William  Harris,  and  Mr. 
John  Smith,  or  any  Two  of  them,  who  are  hereby  impowered  to  lay  out  the  faid 
Land  into  L  ots,  of  Half  an  Acre  each,  with  convenient  Streets,  not  lefs  than 
Sixty  Feet  wide. 

II.  AN D  he  it  further  Enaded,  That  Mr.  John  Smith,  be,  and  is  hereby  ap- 
pointed Treafurerand  Receiver  of  all  fuch  Sum  and  Sums  of  Money,  which  fhall 
arife  on  the  Sale  of  the  faid  Lots,  for  the  Ufe  hereafter  mentioned ;  and  on  the 
Death,  or  Departure  out  of  the  Government,  or  Refufal  of  the  faid  Treafurer  to 
ad,  then  the  next  fucceeding  Commifiioner  or  Truftee  fhall  officiate  in  his  Stead 
and  Place,  and  fhall  give  Security  to  the  Juftices  of  the  Court,  that  he  will  be  ac- 
countable for  the  Money  he  fhall  receive  by  Virtue  of  this  Ad. 

III.  AND  he  it  further  EnaEled,  That  every  Perfon  whatfoever,  who  is  willing 
to  be  an  Inhabitant  of  the  faid  Town,  fliall  have  Liberty  to  take  up  any  Lot  or  Lots 
fo  laid  out  as  aforefaid,  and  not  before  taken  up ;  which  Lot  or  Lots  the  faid 

Com- 


L   A    IF    S      o/^     N  O  R  T  H  -  C  A  K  O  L  I  N  A,  93 


— V-- 


Commiflioners,  or  any  Two  of  them,  are  hereby  direded  and  impowered  to  Grant,    ^-  ^-  '738- 
Convey,  and  Acknowledge,  to  tlie  Perlbn  or  Perfons  fo  taking  up  the  fame,  and  '^ 
to  his  or  their  Heirs  and  Affigns,  for  ever,  in  Fee-Simple,  upon  the  Payment  of 
Forty  Shillings,  current  Money ;  and  the  faid  Confideration  Money  fhall  be  paid 
unto  William  IVebfier^  the  Proprietor  of  the  faid  Land,  his  Heirs  and  Afligns. 

IV.  P  ROV I  DEB  always.  That  if  any  Perfon  whatfoever  fliall  take  up, 
and  have  conveyed  to  him,  any  Lot  or  Lots  as  aforefaid,  and  fhall  not  build,  or 
caufe  to  be  built  thereon,  within  Two  Years  after  the  Date  of  the  faid  Convey- 
ance, a  good,  fubftantial,  habitable  Houfe,  not  of  lefs  Dimenfions  than  Twenty 
Feet  in  Length  and  Fifteen  Feet  wide,  befides  Sheds  or  Leantoes,  or  make  Pre- 
paration for  fo  doing,  as  the  Court  of  the  laid  County,  by  View  of  any  Two  or 
more  of  them,  Ihall  judge  reafonable  to  fecure  the  fame,  every  fuch  Conveyance 
fliall  be,  and  is  hereby  declared  void  and  of  none  Effed,  as  if  the  fame  had  ne- 
ver been  made  ;  and  that  the  faid  Lot  or  Lots  fhall  be  free  and  clear  for  any  other 
Perfon  to  take  up  and  purchafe,  on  the  Conditions  aforefaid. 

V.  PROVIDED  alfo.  That  all  Monies  arifing  by  the  Second  or  other  Sale 
of  the  faid  Lots,  fhall  be,  and  is  hereby  appropriated  and  applied,  for  the  build- 
ing of  a  Church  •,  and  what  fhall  be  more  than  will  build  the  faid  Church,  fhall 
be  applied  to  fuch  other  Ufes  as  the  faid  CommifTioners,  or  the  major  Part  of 
them,  fhall  think  fit,  for  the  Encouragement  of  the  faid  Town. 

VI.  AND  be  it  further  Enabled,  hy  the  Authority  aforefaid^  That  the  Com- 
mifTioners, or  any  Two  of  them,  fhall  have  Power  and  Authority,  and  they  are 
hereby  required  and  impowered,  to  remove  all  Nufances  within  the  Limits  of  the 
faid  Town  ;  and  that  no  Perfon,  Inhabitant  of  the  faid  Town,  or  holding  Lots 
there,  fhall  enclofe  the  fame,  or  keep  the  fame  enclofed,  under  a  common  Stake 
Fence,  but  every  Lot  therein  fhall  be  paled  in,  or  done  witla  Polls  and  Rails 
fet  up. 

VII.  A  N  D  for  the  further  Encouragement  of  the  faid  Town,  Be  it  Enacted^ 
'by  the  Authority  aforefaid.  That  all  Mufters  for  the  faid  County,  Eleftion  of  Bur- 
geffes,  and  all  Bufmefs  and  Affairs  of  the  like  Nature,  which  belong  to  the  faid 
County,  fhall  be  taken,  done,  and  tranfaded  within  the  faid  Town,  and  at  no 
other  Place  or  Places  whatfoever. 

VIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Per- 
fons,  PofTefTors  or  Owners  of  Lots  in  the  faid  Town,  fhall,  and  they  are  hereby 
obliged,  within  Two  Years  next  after  the  Ratification  of  this  A6t,  to  clear  all 
fjch  Lots  by  them  held  and  pofTeffed,  from  all  Manner  of  Wood,  Under-wood, 
Brufh,  and  Grubs,  that  are  or  may  be  offenfive  to  the  faid  Inhabitants,  and  fhall 
fo  keep  and  maintain  the  fame,  from  Time  to  Time,  and  at  all  Times  hereafter, 
under  the  Penalty  of  Ten  Shillings  per  Month  •,  to  be  recovered  by  a  Warrant 
from  one  Juflice  of  the  Peace  ;  one  Half  to  the  Informer,  and  the  other  Half  to 
the  CommilTioners,  for  the  Ufe  of  the  faid  Town. 

IX.  AND  be  it  further  EnaEled,  by  the  Authority  aforefaid.  That  in  Cafe  of 
the  Death,  or  Departure  out  of  the  Government,  of  any  of  the  faid  Commif- 
fioners,  at  any  Time  hereafter,  the  remaining  Com.mifTioners,  together  with  the 
Juflices  of  the  County  Court,  are  hereby  authorifed  and  impowered,  to  make 
Choice  of  fome  other  Perfon  or  Perfons  to  fucceed  fuch  CommilTioncr  or  Com- 
mifTioners fo  dying  or  departing  as  aforefaid  ;  which  Perfon  or  Perfons  fo  eledled 
and  chofen,  fhall  be,  and  they  are  hereby  invefted  with  as  much  Power  and  Au- 
thority, to  all  Intents  and  Purpofes  whatfoever,  as  the  prefent  Commiflioners 
herein  appointed  are  invefted  with,  by  Virtue  of  this  Ad. 

A  a  X.  AND 


C14.  LAWS      o/'     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 

xi.  i).   J738. 

X.  AND  le  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  Commif- 
fioners  are  hereby  impowered  to  make  Choice  of  one  Acre  of  Ground  in  the 
faid  Town,  where  ever  they  fhall  think  fit  and  rnoft  convenient^  for  a  Church 
and  Church  Yard. 


S  I  G  N  E  D  by 

Gabriel  Johnston,  Efq;  Governor^ 

William  Smith,  Prefident; 

William  Downing,  Speaker.' 


^ 


Anno 


LAWS    o/'North-Carolina.  95 


A.  D.   1753. 


4k 


Anno  Regni 

G  E  O  R  G  I  I   IL 

Regis,    Magnce  Brltannide,  Francine,  &c 
Hibernice,  Duodecimo, 


At  a  General  ASSEMBLY,  held  at  Netuberf;,  the  Eig-hth  cabrifl 

'  'O  Johnston, 

Day  of  March,  in  the  Year  of  our  Lord  One  Thoufand  ^''^s  covemor. 
Seven  Hundred  and  Thirty  Eight. 


CHAP.     I. 

An  A5i,  to  fiipply  the  DefeB  of  an  AB,  papd  lajl  Sejfiort  of  Ajfejnbly\ 
intituled,  Aji  A£i,  jor  appdintiJig  Sherifs  in  the  Room  of  Marjhah  of 
this  Province,  for  prefcribing  the  Method  of  appointing  them^  and  for 
limiting  the  Ti^ne  of  their  Continuance  in  Offi.ce,  and  direBifig  their  Duty 
therein,  and  for  aboliJJnng  the  Ofjice  of  Provoji-Marfoal  of  this  Province  j 
and  for  altering  the  Names  of  the  Preci?i6fs  into  Counties. 


TT  7  H  E  R  E  A  S  by  the  aforefaid  Aft  of  Afiembly,  it  was,  among  other  p,eamtie. 


I, 

Things,  Enafted,  That  the  Court  of  every  County  in  this  Government, 
at  the  firft  Court  that  fhall  be  held  in  each  County  next  after  the  Ratification  of 
this  Ad,  fhall  recommend  to  the  Governor  of  this  Province,  Three  fuch  Juftices 
of  the  fame  County  Court  as  they  fhall  think  mofl  fit  and  able,  to  execute  the  Of- 
fice of  Sheriff,  for  their  refpedlive  Counties,  for  the  Two  next  fucceeding  Years  ; 
of  which  Three  Perfons  fo  recommended,  the  Governor  fhall  commifTionate  fuch 
one  of  them  as  to  him  fhall  feem  meet,  to  execute  the  faid  Office:  And  where- 
as it  was  therein  further  Ena6ted,  That  from  and  after  the  Twenty  Fifth  Day 
of  March,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Thirty 
Nine,  the  Office  of  Provofl-Marfhal  of  this  Province,  be  abolifhed  and  ceafe  :  And 
whereas  the  Office  of  Provoft-Marfhal  will  ceafe  a  confiderable  Time  before  She- 
rifs can  poffibly  be  appointed,  according  to  the  Dire<5lions  of  the  aforefaid  Aft,  in 
which  Interval  of  Time  no  Perfon  or  Perfons  are,  by  the  faid  Aft,  authorifed  to 
execute  the  Office  of  Sherifs  of  the  refpedive  Counties  of  tliis  Colony,  or  any  of 
thftn,  whereby  a  great  Failure  of  Jultice  muft  enfue,  unkfs  remedied  :  For  Reme- 
dy whereof,  "^  IL  WE 


96  L   A    JV    S      ofNoRTH-CAROLINA. 

^.  D.   1738. 

cZI^^Cl^y  II.  WE  Pray  that  it  may  be  Enadled,  And  be  it  Eva£ied,  by  his  Excellency  Ga- 
fuf  el"h  c*"^"^'  ^^^^^  Johnfton,  Efq%  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefty's 
uunty.  Q^^^^^^'i^  ^^^  General  AJfembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame.  That  the  Governor  or  Commander  in  Chief  of  this  Colony, 
fhall  and  may  conftitute  and  appoint  Sherifs,  for  each  and  every  County  within 
this  Government,  to  execute  their  feveral  Offices,  from  and  after  the  aforefaid 
Twenty  Fifth  Day  of  March,  in  the  Year  of  our  Lord  One  Thoufand  Seven 
Hundred  and  Thirty  Nine,  for  and  during  the  Term  of  Two  Years,  thence  next 
enfuing  •,  and  in  Cafe  of  the  Death  or  Removal  out  of  this  Province  of  any  of 
them,  to  commifilonate  others  in  their  Room,  to  execute  the  faid  Office,  for  and 
during  the  Time  then  in  fuch  Cafe  unexpired  of  the  faid  Two  Years :  And  fuch 
Sherifs  fo  conftituted  by  the  Governor,  are  hereby  authorifed  to  execute  their  fe- 
veral Offices,  in  as  full  and  ample  Manner,  to  all  Intents  and  Purpofes,  as  if  they 
were  appointed  according  to  the  Directions  of  the  aforefaid  A6t. 

■  sh.r fs  to  give        III.  PROVIDED  always.    That   every  Sheriff  fo   appointed,    fhall  give 
°°''*  Bond,  v/ith  fufficient  Securities,  in  the.  Sum,  and  in  the  Manner  by  the  aforefaid 

A<5b  direded,  for  the  faithful  Difcharge  of  his  faid  Office  j  and  fhall  likewife  take 
the  Oath  of  Office  therein  directed. 

fheTr^officrui*       ^^'  ^^^  ^^  ^^  further  Enacted,  by  the  Authority  aforefaid.  That  each  of  the 
fuperfeded ;  and  Sherifs  which  fhall  be  appointed  by  the  Governor  by  Virtue  of  this  Ad,  fhall 
Fee^s^^c  th"  PrT  ^"*^  '^^^y  execute  his  Office  until  he  be  fuperfeded,  according  to  the  Diredtions  of 
voft-M^riTiai.      the  A(5l  of  AfTembly  herein  before  recited  •,  and  likewife,  that  the  feveral  Sherifs 
of  this  Government  fhall  and  may  take  and  receive  the  feveral  Fees  by  Law  ap- 
pointed for  the  Provoft-Marfhal,  and  fhall  likewife  be  intituled  to  have  and  re- 
ik  ScTviccY.^"^'  ceive  the  Sum  of  Eight  Pounds  Proclamation  Money,    for  all  Public  Services ; 
and  likewife,  the  feveral  Sums  by  Law  appointed  to  Sherifs,  for  colieding  Pub- 
lic Taxes. 

Perfnns  refufing  V.  A  N D  be  it  further  Ena^cd,  by  the  Authority  aforefaid.  That  if  any  Perfbn 
Ti.'^o  Vr^n  ^^^^^^  ^^^^  ^  appointed  'by  the  Governor,  by  Virtue  of  this  A6t,  fhall  refufe  to 
Sheri^.  accept  the  laid  Office,  each  Perfon  fo  refufing,  (except  fuch  Perfons  as  by  the  a- 

forefaid  Aft  is  excepted,)  fhall  forfeit  and  pay,  to  the  next  Perfon  who  fhall  ex- 
ecute the  faid  Office,  the  Sum  of  Eight  Pounds  Proclamation  Money  -,  to  be 
recovered  and  applied  in  the  fame  Manner  as  in  the  before-recited  A6t  is  direfted, 
in  Cafe  of  the  Refufal  of  a  Sheriff  fo  appointed  by  Virtue  thereof. 

jhcnfs  liable  to      VI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  feveral 

Penalties.  Sherifs  which  fhall  be  a.ppointed  by  the  Governor,  by  Virtue  of  this  A61,  fhall 

be  liable  to  all  the  Penalties  in  the  aforefaid  Act  mentioned  and  impofed,  for  any 

Mifdemeaners  which  they  may  commit  in  the  Execution  of  their  Office  >  to  b,c 

recovered  and  applied  as  the  Forfeitures  in  the  faid  Aft  are  direfted. 

f^'"/sterffe^w      VIL  AND  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  from  and 

te  appointed  ac  after  the  Expiration  of  the  faid  Two  Tears  next  enfuing  the  Twenty  Fifth  Day  of 

cording  to  Aft.    ;^arch,  in  tlie  Year  of  our  Lord  One  Thoufand  S^twtw  Hundred  and  Thirty  Nine, 

all  Sherifs  of  this  Government  fhall,  for  ever  after,  be  appointed  according  to  the 

Direftions  of  the  Aft  of  AfTembly  herein  before  recited,  and  not  otherwife. 

S  I  G  N  E  D  by 

Gabriel  Johnston,  Efq;  Governor. 

William  Smith,  Prefident, 

William  Downing,  Speaker* 


L  A  W  S    of    North-Carolina, 


97 


A.  D.    1739. 


^iQsi.  JM^  Em  i<&3Gm  4&3<Gm  /i&^  ^ 


5^:^'<i^l^•:^-■^q3^^'^'^^^Q^> 


Anno  Regni 


G  E  O  R  G  1 1   II 

Regis,    Magn^  Britannice,  Franci<je,  St 
Hiherni^y  Decimo  Tertio. 


At  a  General  ASSEMBLY,  held  at  tse^hern,  the  Twen-  GAB^iEt 

'  Johnston, 

ty  Fifth  Day  of  February,  in  the  Year  or  our  Lord  One  ^^^'^  coverBsi. 
Thouland  Seven  Hundred  and  Thirty  Nine. 


C  H  A  P.    I. 

An  Acl^  appo'iJittng  a  Treafurer  for  the  fever al  Counties  herein  mentioned^ 
in  the  Room  of  William  Downing,  E/^j  deceafed.     O  B  S. 


C  H  A  P.    IL 

An  A5t,  to  afccrfain  the  Allowance  of  his  Majejlys  Council^  and  the  Mem- 
bers of  AJembly^  of  this  Province ^  and  for  Payment  of  all  Claims  j  a?id 
to  prevent  letting  out  any  more  of  the  Loan  Money  on  Inter  ejl,     EXP, 


CHAP.    III. 

An  A&^  prefcribing  the  Maimer  of  Proving  Book  Debts. 

I.  TT7HEREAS  the  Trade  and  Merchandize  in  this  Province,  is  chiefly  PieamUt, 

VV  carried  on  by  Retail,  and  Goods,  Wares,  and  Merchandizes  are 
generally  delivered  to  thofe  that  buy  them  by  the  Retailer  himfelf,  and  it  very  fre- 
quently happens,  that  no  Body  is  privy  thereto  but  the  Buyer  and  Seller,  fo  that 
in  many  Cafes,  there  may  be  a  Defe£t  of  legal  Evidence  to  charge  fuch  Buyer, 
and  by  that  Means  the  fair  Trader  may  be  hindred  from  recovering  a  juft  Debt :  And 

B  b 


ibr- 


MM- 


98  LAWS    0/     North-Carolina. 

■  1 1       — — — — ^ 

yi.  D.  1739.  forafmuch  as  no  Law  now  in  Force  doth  deternnine  what  Ihall  be  lawful  Evi- 
^  *'"*■*'  dence  in  fuch  Cafes,  and  many  Difputes  and  Difficulties  in  the  feveral  Courts  of 
this  Province  do  frequently  arife  thereupon,  and  different  Notions  and  Opinions 
prevail,  and  aitho'  allowing  the  Plantiff,  in  all  Cafes,  to  prove  his  Debt  by  his 
own  Oath,  may  have  been  attended  with  great  Inconveniences,  and  occafioned 
frequent  Perjuries,  yet,  on  the  other  Hand,  ft  may  be  neceffary,  for  the  Sup- 
port of  Trade,  in  fuch  a  Courfe  of  Dealing,  to  allow  the  Plaintff 's  Book,  proved 
by  his  own  Oath,  to  be  given  in  Evidence: 

Simner  of  piov-  II.  B  E  it  therefore  Enacted^-  hy  his  Excellency  Gabriel  Johnfton,  Efq;  Gover- 
mg  Book  Debts.  ^^^^  j,y  ^^^  r^i^iy  fjyg  yidvice  mid  Coufcfit  of  hts  Majefifs  Council^  and  General 
AffemUy  of  this  Provmce^  and  it  is  hereby  Enacted,  by  the  Authority  of  the  famcy 
That  wherever  any  Perfon  or  Perfons  hereafter  fhall  bring  any  Adion  of  Debt,  or 
upon  the  Cafe,  and  therein  fhall  declare,  upon  an  Emijfet,  or  IndebitatiSy  Af- 
fiimpftt,  or  ^antum  Valebant^  or  ^antum  Meriut,  for  Goods  Wares,  or  Mer~ 
chandizes,  by  him  fold  and  dehvered,  to  any  Perfon  or  Pefons,  or  for  Work  or  La- 
bour done  and  performed,  and  upon  the  Tryal  of  fuch  A6tion,  fhall  declare, 
upon  his  Corporal  Oath,  or  folemn  Affirmation,  as  the  Cafe  may  be,  that  the 
Matter  in  Difpute  is  a  Book  Account,  and  that  he  hath  no  Means  to  prove  the 
Delivery  of  the  Articles  therein  contained,  or  any  of  them,  but  by  his  Book  ;  in 
that  Cafe,  fuch  Book,  provided  it  contain  the  fi^fl  Entry,  fhall  and  may  be  given 
in  Evidence  upon  the  Tryal,  if  he  fhall  make  out,  by  his  own  Oath,  that  fuch 
Book  or  Books  doth  contain  a  true  Account  of  all  the  Dealings  between  him  and 
the  Defendant  from  the  Beginning,  or  the  laft  Settlement  of  Accounts  between 
them,  and  that  all  the  Articles  therein  charged  were,  bona  fide,  delivered,  and  that 
he  hath  given  all  juft  Credits,  due  to  the  Defendant,  in  fuch  Account  -,  and  fuch  Book 
or  Books,  and  Oath,  fhall  be  admitted  and  i-eceived  as  good  Evidence  for  any  of 
the  Articles,  for  Goods  dilivered  within  Eighteen  Months  before  the  fame  A6li- 
on  brought,  but  not  for  any  Article  of  a  longer  Standing :  And  where  the  Perfon 
who  delivered  fuch  Goods,  Wares,  or  Merchandizes,  fhall  die,  his  Executors,  or 
Adminiftrators,  may  give  his  Book  or  Books  in  Evidencej  upon  his  or  their  mak- 
ing Oath,  that  there  are  no  Witnefles,  to  his  or  their  Knowledge,  capable  of  prov- 
ing the  Delivery  of  the  Goods  or  Merchandizes  therein  mentioned,  and  that  he 
or  they  found  the  Book  or  Books  fo  ftated,  and  do  not  know  of  any  Credit  to  be 
given  -,  and  fuch  Book  and  Oath  fhall  be  admitted  and  received  as  Evidence  for 
any  of  the  Articles  for  Goods  delivered  within  the  Time  aforefaid. 

^'^SainT/'s  ^^^'  P^O^^'^^D  neverlhelefSf  That  the  Defendant  fhall  be  at  Liberty  to 
rvldtnce."""^'  *  contefl  the  Plaintiff's  Evidence,  and  to  oppofe  the  fame  by  legal  Evidence ;  and 
l^mkudl'^Ev''^  where  the  Defendant  fhall  be  an  Executor  or  Adminiflrator,  his  Teflator  or  In- 
dents. ^  "*"  '"'  teflate's  Book  fhall  and  may  be  given  in  Evidence  againfl  the  Plaintiff's  Book, 
where  the  Plaintiff  is  Executor  or  Adminiflrator. 

No  Book  of  Ac-  IV.  P  ROFIDED  alfo,  and  he  it  further  Enabled,  That  no  Book  of  Ac- 
Sd  for  a\ove  counts,  akho'  the  fame  may  be  proved  by  any  Witnefs  or  Witneffes,  fhall  hereafter 
5  Years  before  be  admitted  or  received  in  Evidence  in  any  Adion,  for  any  Money  due  for  Goods, 

Wares,  or  Merchandizes,  hereafter  to  be  delivered,  or  for  W^ork  hereafter  to  be 
p.rfons  beyond  done,  abovc  Five  Years  before  the  fame  Adion  brought ;  except  in  Cafes  of  Per- 
s«3  excepted,      fons  rcfiding  in  Great-Britain,  or  in  other  Parts  beyond  the  Seas,  or  out  of  the 

Government,  or  where  the  Accounts  fliali  be  fettled  and  figned  by  the  Parties. 

Book  tobeEi        y-  PROVIDED  7teverthelefsy  and  be  it  further  Enabled,  That  for  the  Reco- 

.lence  foi-  Debts  vcry  of  any  Debt  now  due,  for  Goods,  Wares,  and  Merchandizes,  heretofore  de- 

imo'^thr"'''"  ^^^^^^^^'  ^^e  Plaintiff,  within  Eighteen  Months  from  the  PafTing  of  this  Ad,  fhall 

be  allowed  to  give  his  Book  in  Evidence,  being  proved  by  his  own  Oath,  in  the 

Manner  before  direded ;  and  in  Cafe  of  Executors  or  Adminiftrators,  the  like  E- 

vidence 


LAWS    of   North-Carolina.  99 

vidence  Hiall  be  admitted  and  received,  as  is  before  direded  for  the  Recovery  of  ^-  ^-  1739- 
any  Debt  hereafter  to  be  contracted.  *" v ^ 

VI.  PROFID  ED  alfo.  That  no  fuch  Evidence  as  is  herein  before  menti-  No  Evidence be- 
oned,  Ihail  be  admitted,  recived,  or  taken,  in  any  of  his  Majeftys  Courts  of  Re-  b7aii^wed°'ifthe 
cord  in  this  Province,  as  a  futficient  legal  Evidence,  in  any  Caufe  wherein  the  Debt  exceeds  z«!. 
Debt,  or  the  Sum  fued  for,  exceeds  Twenty  Pounds  Proclamation  Money,  or  for 

any  Specie  or  Commodity,  or  Work  done,  that  furmounts  the  Value  of  the  faid 
Twenty  Pounds  Proclamation  Money  j  any  Thing  herein  contained  to  the  con- 
trary, notwithftanding. 

VII.  P ROFID  ED  alfo^  That  nothing  in  this  Act  fhall  extend  to  any  Or-  ThisAa  not  to 
dinary-keepers  Accounts  i  but  that  the  laid  Ordinary  Accounts  fhall  be  recovered  nary"ke£pen."^"' 
in  Manner  as  by  other  Ads  heretofore  are  direded. 


CHAP.    IV. 

An  ASf,  for  EreSfing  the  Village  called  Newton,  i7i  New-Hanover  Coun-  see  A£t  paff.d 
/y,  into  a  Tow?!  and  Townpip,  by  the  Name  of  Wilmington  ;  and  Re-  *'"^°'  ^'"^'  *" 
gulating  and  afcertaining  the  Boimds  thereof 

I.  Wf  H  E  R  E  A  S  fcveral  Merchants,  Tradefmen,  Artificers,  and  other  Per- 
W  fons  of  good  Subftance,  have  fettled  themfelves  at  a  Village  called 
Newton.,  lying  on  the  Eajl  Branch  of  Cape-Fear  River  ;  and  whereas  the  faid 
Village,  by  Reafon  of  its  convenient  Situation  at  the  Meeting  of  the  Two  Great 
Branches  of  Cape-Fear  River,  and  likewife,  by  Reafon  of  the  Depth  of  V^ater, 
capable  of  receiving  Veflels  of  confidcrable  Burthen,  Safety  of  its  Roads  beyond 
any  other  Part  of  the  River,  and  the  fecure  and  eafy  Accefs  from  all  Parts  of  the 
different  Branches  of  the  "faid  River,  is,  upon  all  thofe  and  many  other  Accounts, 
more  proper  for  being  eredled  into  a  Town  or  Townlhip,  than  any  other  Part  of 
the  faid  River : 

II.  B  E  it  therefore  Enacted,  by  Ms  Excellency  Gabriel  Johnfton,  Efq\  Cover^ 
nor,  by  and  "Jnth  the  Advice  and  Confent  of  his  Majefly's  Council,  and  General  Af- 
fembly  of  this  Prorcince,  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fame.. 
That  the  Village  heretofore  called  Newton,  lying  on  the  Eafl  Side  of  the  Nortb- 
Eaji  Branch  of  Cape-Fear  River,  in  New-Hanover  County,  Ihall,  from  and  after 
the  pafTing  of  this  A(ft,  be  a  Town  and  Townfhip,  and  the  faid  Village  is  hereby 
eftablifhed  a  To^n  and  Townfhip,  by  the  Name  of  fVilmington,  the  Bounds' 
whereof  fhall  be  and  are  circumfcribed  in  Manner  following  -,  that  is  to  fay.  To 
the  Northeaft,  by  the  Lands  of  his  Excellency  Gabr>l  Johnfion,  Efq;  upwards, 
and  below,  by  the  Lands  of  Michael  Dyer  ;  to  the  Wefiward,  by  the  Northeaft 
Branch  oH  Cape-Fear  River  ;  and  to  the  Eajlward,  by  a  Line  drawn  between  the 
faid  Lands  of  his  Excellency  Gabriel  Johnfton,  Efqi  and  Michael  Dyer,  One 
Hundred  and  Twenty  Poles  diftant  from  the  River. 

III.  A  ND  be  it  further  Enacted,  by  the  Authority  afoi  efaid.  That  for  ever, 
after  paflTing  of  this  Adt,  the  Inhabitants  of  and  near  the  faid  Town,  qualified  as 
herein  after  mentioned,  fhall  have  the  Privilege  of  chufing  one  Reprefentative  for 
the  faid  Town,  to  fit  and  vote  in  General  Affembly, 

IV.  AND  for  afcertaining  tiie  Method  of  chufing  the  faid  Reprefentative,  Be 
ii  further  Enacted^  by  the  Authority  afgrefaidy  That  every  Tenant  of  any  Brick, 

Stone, 


lOO  L    A     JV    S       0/      N  O  R  T  H  -  C  A  R  O  L   I  N  A. 

A.  D.  -^719-  Stone,  or  framed  habitable  Houfe,  of  the  Length  of  Twenty  Feet,  and  Sixteen 
Feet  wide,  within  the  Bounds  of  the  faid  Town,  who,  at  the  Day  of  Eleftion, 
and  for  Three  iMonths  next  before,  inhabited  fuch  Houfe,  fhall  be  entitled  to 
vote  in  the  Election  for  the  Reprefentative  of  the  faid  Town,  to  be  fent  to  the 
General  Afiembly  :  And  in  Cafe  there  fhall  be  no  Tenant  of  fuch  Houfe  in  the 
faid  Town,"  on  the  Day  of  Election,  qualified  to  vote  as  aforefaid,  that  then,  and 
in  fuch  Cafe,  the  Perfon  feifed  of  fuch  Houfe,  either  in  Fee-Simple,  or  Fee-Tail, 
or  for  Term  of  Life,  fliall  bs  entitled  to  vote  for  the  Reprefentative  aforefaid. 

V.  A  N  D  he  it  further  Ena5ied,  ly  the  Authority  aforefaid^  That  every  Perfon 
who,  on  the  Day  of  Elcdion,  and  for  Three  Months  next  before,  fhall  be  in 
a6tual  Poffellion  or  an  Inhabitant  of  a  Brick  Houfe,  of  the  Length  of  Thirty 
Feet,  and  Sixteen  Feet  wide,  between  the  Bounds  of  the  faid  Town  upwards, 
and  Smith's  Creek,  and  within  One  Hundred  and  Twenty  Poles  of  the  Northeafi 
Branch  of  Cape-Fear  River,  fhall  be  entitled  to,  and  have  a  Vote  in  the  Eleftion 
of  a  Reprefentative  for  the  faid  Town,  (unlefs  fuch  Perfon  be  a  Servant ; )  and 
fliall,  as  long  as  he  continues  an  Inhabitant  of  fuch  Houfe,  within  the  faid  Bounds, 
enjoy  all  the  Rights,  Privileges,  and  Immunities,  to  which  any  Inhabitant  within 
the  faid  Town  ihall  be  entitled,  by  Virtue  of  this  Ad. 

VL  AND  he  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  no  Perfon 
fhall  be  deemed  qualified  to  be  a  Reprefentative  for  the  faid  Town,  to  fit  in  the 
General  Affembly,  unlefs,  on  the  Day  of  Eleftion,  he  be,  and  for  Three  Months 
next  before,  was  feifed,  in  Fee-Simple,  or  for  Term  ot  Life,  of  a  Brick,  Stone, 
or  framed  Houfe,  of  the  Dimenfions  aforefaid,  with  one  or  more  Brick  Chimney 
or  Chimnies.    . 

VII.  AN  D  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  for  ever,' 
after  the  pafTing  of  this  Ad:,  the  Court  of  the  County  of  New-Hanover,  and  the 
Eleftion  of  the  Reprefentatives  to  be  fent  to  the  General  Affembly,  and  the  E- 
ledtions  of  Veflrymen,  and  all  other  Public  Eleftions,.  of  what  Kind  or  Nature 
foever,  for  the  faid  County  and  Town,  fhall  be  held  and  made  in  the  Town  of 
Wilmington,  arid  at  no  other  Place  whatfoever  j  any  Law,  Statute,  Ufage,  or 
Cuftom,  to  the  contrary,  notwithltanding. 

VIII.  AND  he  it  further  Ena5fed,  hy  the  Authority  aforefaid.  That  from  and 
after  the  paffing  of  this  A61,  the  Colledor  and  Naval-OfHcer  of  the  Port  of  Brun- 
fwick,  (of  which  Port  the  faid  Town  of  Wilmington  is  the  moft  centra]  and  con- 
venient Place,  both  for  Exportation  and  Importation,  by  Rcafon  of  its  Naviga- 
tion and  Situation,)  fliall  conflantly  refide  in  the  faid  Town,  and  there  keep  their 
refpedive  OfBces,  until  his  Majefty  fliall  be  pleafed  to  give  his  Direftions  to  the 
contrary  :  And  likewife,  the  Clerk  of  the  Court  of  the  County  of  New-Hanover, 
and  the  Regifter  of  the  faid  County,  fhall  conflantly  hold  and  execute  their  re- 
fpeftive  OfBces  in  the  faid  Town  of  Wilmington :  And  that  if  either  of  the  faid 
Officers  negleft  or  refufe  fo  to  do,  he  fo  negleding  or  refufing,  fhall,  for  every 
Month  he  fliall  be  a  Delinquent,  forfeit  and  pay  the  Sum  of  Five  Pounds  Pro- 
clamation Money  j  to  be .  fued  for  and  recovered,  by  him  who  fhall  fue  for  the 
fame,  in  the  General  Court  of  this  Province,  or  in  the  County  Court  of  New- 
Hanover,  by  Adion  of  Debt,  Bill,  Plaint,  or  Information,  wherein  no  Effoign, 
Proteftion,  Injundion,  or  Wager  of  Law  fhall  be  allowed  -,  and  one  Half  of  fuch 
Forfeiture  fliall  be  for  the  Ufe  of  the  Perfon  who  fues  for  the  fame,  and  the  other 
Half  fhall  be  paid  to  the  Commiffioners,  for  the  Time  being,  appointed  for  re- 
gulating the  faid  Town. 

IX.  AND  for  the  due  regulating  the  faid  Town,  Be  it  further  Ena^ed,  by 
the  Authority  aforefaid^  That  Robert  Halton^  James  Murray^  Samuel  Woodard, 
~     '  "  William 


LAWS    ^North-Carolina.  ioi 

William  Farris,  Richard  Eagles,  Johi  Porter,  and  Robert  Walker^  Efquires,  are  ^•J;^-_^39- 
hereby  eftablillied  and  appointed  Coniminioners  for  the  faid  Town  •,  and  the  faid 
Commiflioners,  or  a  Majority  of  them,  and  their  Succeffors,  fhall  have,  and  be 
invefted,  with  all  Powers  and  Authorities^  within  the  Bounds  of  the  faid  Town 
of  Wilmington,  in  as  full  and  ample  Mennej-,  as  the  Commiflioners  for  the  Town 
of  Edenton  have  or  poflefs,  by  Virtue  of  any  Law  heretofore  paflTed. 

X.  A  N  D  whereas  the  Juftices  of  the  County  Court  of  New-Hanover^  at  the 
Court  held  at  Brunfwick,  on  Tuefday  the  Eleventh  Day  of  December  lail,  have 
impofed  a  Tax  of  Five  Shillings  per  Poll,  to  be  levied  on  the  Tithable  Inhabi- 
tants of  the  faid  County,  between  the  Firil  Day  of  January,  and  the  Firfl:  Day  of 
March,  One  Thoufand  Seven  Hundred  and  Thirty  Nine ;  and  afterwards,  one 
other  Tax  of  Five  Shillings  per  Poll,  to  be  levied  on  the  faid  Inhabitants,  between 
the  Firfl:  Day  of  January,  and  the  Firft  Day  of  March,  One  Thoufand  Seven 
Hundred  and  Forty ;  towards  building  a  Court-houfe  and  Goal  in  the  Town  of 
Brunfwick,  for  the  faid  County  : 

XI.  B  E  it  Enacted,  by  the  Authority  -nforefaid.  That  the  Juftices  of  the  faid 
County  Court  fhall,  and  are  hereby  dire6ted,  to  apply  the  faid  Levy  or  Tax  to- 
wards finifhing  and  compleating  the  Court-houfe  already  eredled  in  the  faid  Town 
of  Wilmington,  and  towards  building  a  Goal  in  the  faid  Town. 

XII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  if  any  one 
pr  more  of  the  faid  Commiflioners  fliall  die,  or  remove  out  of  the  County,  that 
tiien  and  in  fuch  Cafe,  the  furviving  or  remaining  Commiflioners  fhall,  within 
Six  Months  after  the  Death  or  Removal  of  fuch  Commiflloner,  prefent  to  his  Ex- 
cellency the  Governor  or  Com.mander  in  Chief  for  the  Time  being.  Three  Per- 
fons,  one  of  which  the  faid  Governor  or  Commander  in  Chief  is  hereby  impow- 
ered  to  nominate  and  appoint;  and  the  Commiflloner  fo  appointed  fhall  be  in- 
vefted with  the  fame  Powers  and  Authorities,  as  any  Commiflloner  nominated 
by  this  Adl. 

S  I  G  N  E  D  by 

Gabriel  Johnston,  Efq;  Governor, 

William  Smith,  Prefident. 

John  Hopgson,  Speaker, 


'^m^^'^'^'^ 


■^    -^    'ti-    Iff    -2tf- 
■^     ^     Jlf    ■$■ 


%r     -g> 


Anno 


L  A  W  S    of    North-Carolina.  103 


y?.  D.    1740. 


Anno  Regni 


G  E  O  R  G  I  I   II 

Regis,    Magn^  Britannice,  Francis,  & 
Hihernice,  Decimo  Quarto. 


'  A  S  K  I  Z  C 


At  a  General  ASSEMBLY,  held  at  Edenton,    the  Twen-  g- 

ty  Firft  Day   of  Auguft^    in  the  Year  of   our  Lord  One  ^'"''5  go™! 
Thoufand  Seven  Hundred  and  Forty. 


CHAP.    I. 

An  AB,  for  Confirming  Titles  to  the  Town  Lands  (j/'Edenton,  for  fecuring 
the  Privileges  heretofore  granted  to  the  faid  Town^  and  for  further  En- 
couragement and  better  Regulation  thereof. 

I.  WT  H  E  R  E  A  S,  purfuant  to  the  feveral  A(5ls  of  AfTembly  of  this  Pro-  Pr^mWe* 

V  V  vince  heretofore  pafTed  and  Ratified,  Four  Hundred  and  T  wenty  Acres 
of  Land,  lying  in  the  Fork  of  ^een  Ann's.  Creek,  in  Chowan  County,  in  the 
Province  aforefaid,  bounded  Eajlward,  by  the  Lands  o^  Miles  Gale,  North'wardy 
by  the  Lands  of  Williajn  Badbam,  deceafed,  and  Gecrge  Lijles,  on  the  Weftward^ 
by  the  Beaver-Dam^  and  Creek,  and  on  the  Scuthward,  by  the  Sound,  was  pur- 
chafed  by  the  Pubhc,  and  hath  been  laid  out  for  a  Town,  called  Edenion,  and 
Part  thereof  divided  into  Lots  of  half  Acres,  as  will  more  iuUy  appear  by  the  Plan 
thereof,  already  laid  out,  with  convenient  Streets,  PalTages,  Place  for  a  Church, 
Governour's  Houfe,  Court-houfe,  Burying-place,  Market-place,  and  Council 
Room,  and  other  Purpofes,  and,  by  the  faid  Adls,  were  veiled,  in  Fee,  in  Com- 
miflloners  or  Truftees,  to  dilpofe  thereof  according  to  the  Diredions  of  the  faid 
feveral  Adtsj  many  of  which  Commiffioners  or  Truftees  have  conveyed  Lots  or 
Half  Acres  to  feveral  Perfons,  who  built  thereon,  and  have  made  a  confiderable 
Improvement;  and  the  Refidue  of  the  faid  Four  Hundred  and  Twenty  Acres  was 
referved  for  a  Town  Common : 

II.  AND  whereas  feveral  of  the  faid  A<fl:s  have  been  fmce  repealed,  expired, 
or  ftand  fufpended,  whereby  many  Inconveniencies  and  Mifchiefs  may  arife,  the 
Improvement  and  Building  of  the  faid  Town  very  much  retarded,  the  Power  of 

the 


104  L    A    JF    S       0/      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


the  Commiflloners  and  Truftees  become  dubious,  and  the  Perfons  Titles  to  fuch 
Lots  precarious :  For  Remedy  whereof,  and  to  prevent  Difputes  -that  may  hap- 
pen, andior  the  better  fecuring  the  ancient  Privileges  of  thefaid  Town-lhip,  and 
Resiulatfon  thereo'f  -, 


CJ 


42.0  Acres  of  in.  W  E  pray  that  it  may  be  Enabled,  And  be  it  EnaUed^  by  his  Excellency 
cimfirm'd,  '"!T  Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Ma- 
miffion'"  ^''''^'  j^fiy^  Council,  and  General  AJfembly  of  this  Province,  and  by  the  Authority  of  the  fame. 
That  the  faid  Four  Hundred  and  Twehty  Acres,  fo  purchafed  and  laid  out  for  the 
faid  Town  of  Edentcn,  purfuant  to  the  faid  Ads  of  Aflembly,  and  veiled  in 
CommiiTioners  or  Truftees,  according  to  the  faid  feveral  Ads,  fuch  Commifllon- 
ers or  Truftees  fo  inveftdd,  are  hereby  declared  to  have  had  a  good,  abfolute,  and 
indefeafible  Eftate,  in  Fee,  in  fuch  Lands  refpedively,  in  Truft  and  Confidence, 
to  and  for  the  Ufes  in  the  faid  feveral  Ads ;  and  the  Commillioners  and  Truftees 
hereafter  mentioned,  are  hereby  declared  to  have  a  good,  abfolute,  and  indefeafi- 
ble Eftate,  in  Fee,  in  all  iuch  Lands  and  Lots  Avhich  have  not  been  difpofed  of 
by  the  former  Commifiioners  or  Truftees,  but  in  Truft  and  Confidence,  to  and 
for  the  Ufe  and  Ufes  herein  after  mentioned  relating  to  the  faid  Town  of  Eden- 
ton,  and  for  no  other  Ufe  or  Purpofe  whatlbever  j  and  the  faid  Lands  and  Lots 
are  hereby  Confirmed  to  the  faid  Commifiioners  or  Truftees,  in  Fee,  to  fuch 
Ufe  or  Ufes :  Any  Thing  in  the  Repealing,  Expiring,  Sufpenfion  of  any  of  the 
faid  Ads,  or  any  other  Law,  Statute,  Ufage,  or  Cuftom,  to  the  contrary,  not- 
withftanding. 

Titles  of  Aich  as  IV.  AND  be  it  further  Fjia£led,  by  the  Authority  afore  faid.  That  if  any  Per- 
Lou/'Jcciare?  ^^^  ^r  Perfons  have  purchaled  and  paid  for  any  Lot  or  Lots,  Half  Acre  or  Half 
rood.  Acres  of  Land  in  the  faid  Town  of  Edenton,  of  any  of  the  Commiflloners  or 

Truftees,  purfuant  to  the  faid  feveral  Ads,  and  have  fully  complied  with  the 
Conditions  in  the  faid  feveral  Ads  mentiond,  fuch  Perfon  or  Perfons  are  hereby 
declared  to  be  inverted  with,  and  to  have  a  good,  abfolute,  and  indefeafible  E- 
ftate,  in  Fee,  to  fuch  Lot  or  Lots,  Half  Acre  or  Half  Acres  of  Land  ;  and  the  fame 
is  hereby  confirmed,  in  Fee,  to  fuch  Perfon  or  Perfons,  and  to  his,  her,  and 
their  Heirs  and  Afllgns,  for  ever. 

Commiffioneri         V.  A  N  D  Be  it  further  E}ia5led,  bv  the  Authority  aforefaid.  That  the  Honourable 

appointed.  /^////^;;^  Smith  Efqi  John  Hodgfon  Efq-,  Abraham  Blackhall,  Jofeph  Anderfon,  and 

James  Craven,  Gentlemen,  are  hereby  appointed  Commiflloners  or  Truftees,  to 

and  for  the  feveral  Ufes  and  Purpofes  declared  by  this  Ad,  and  impowered  and  in- 

vefted  with  all  the  Privileges  hereinafter  exprefied,  for  ever. 

ff"  c^nim'ffi^-  "^^-  AND  that  the  full  Number  of  Commiflloners  may  be  always  kept  up, 
ers.  Survivors  to  Bs  it  further  Enabled,  by  the  Authority  aforefaid.  That  in  Cafe  of  Death,  or  Remo- 
appomc  others,  ^^j  ^^^  ^^  ^^  County  of  Chowan,  of  any  of  the  aforefaid  Commiflloners  or  Truftees, 
at  any  Time  hereafter,  the  remaining  Part  of  the  faid  Commiflloners  or  Truftees,  arc 
hereby  authorized  and  and  impowered  to  make  Choice  of  fome  other  Perfon  or 
Perfons,  being  Freeholders  of  the  faid  Town,  to  fucceed  fuch  Commiflloner  or 
Commiflloners,  Truftee  or  Truftees,  fo  dying  or  removing  as  aforefaid  ;  and  fuch 
Perfon  or  Perfons  lo  eleded  or  chofen,  are  hereby  invefted  with  as  full  Power  and 
Authority,  to  all  Intents  and  Purpofes  whatfoever,  as  the  aforefaid  Commiflloners 
or  Truftees  now  nominated  or  appointed. 

Treafufer  ap-  VII.  A N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  John  Uodg^ 

pointed.  ^^^^  '^{c\.  One  of  the  Commifilioners  or  Truftees  aforefaid,  ihall  be  appointed  pre- 

sent Treafurer  and  Receiver  of  all  Monies  arifing  by  Virtue  of  this  Ad  ;  and  on 
his  Death  or  Removal  out  of  the  County  of  Chowan^  tlien  the  Firlt  Commiflioner 

ihjill 


lie  PJaces  referv- 
ed. 


iyf/^  5    c/'    North-Carolina.  105 

fiiall  lucceed  and  be  Treafurcr,  firll:  giving  fufficient  Security,  to  the  Juilices  of    ''^-  ^-   1740- 
the  County  Court  of  Chowan^  for  the  juft  i^erformance   of  the  faid  Truft.  '— -"V    -^ 

Vlir.  AND  be  it  further  Enacted,  hy  the  Authority  aforefciidy  That  the  Lots  of  Lots  to  be  dif- 
Half  an  Acre  each,  or  thereabouts,  not  taken  up  and  difpofed  of,  be  difpofed  of  P'**"*  °^' 
by  the  Comiflioners  or  Truilees  atorefaid,  as  hereafter  in  this  Acl  is  direAed. 

IX.  AND  he  it  further  Enacted^  hy  the  Authority  afcrefaid.  That  the  Place  al-  str«ts  and  Pub 
ready  laid  out,  as  by  the  Plan  of  the  faid  Town  may  more  fully  appear,  for  Streets, 
Paffages,  Church,  Governor's  Houfe,  Court-hcufe,  Burying-place,  Market-place, 
Prifon,  Council  Room,  and  Town  Common,  be  referved  ror  thofe  Ufes,  and  no 
other. 

X.  AND  he  it  further  Ena^edy  hy  the  Authority  aforefiid.  That  every  Perfon  commffionns  t« 
whatfoever  who  is  defirous  to  be  an  Inhabitant  of  the  faid  Town,  fhall  have  free  f^ "'  l"^^^'  ^"^ 
Liberty  to  take  up  any  Lot  or  Lots,  already  laid  out  and  not  before  taken  up  ;  which 

Lot  or  Lots  the  Commiflioners  or  Truftees  aforefaid,  or  any  Three  of  them,  where- 
of the  Treafurer  to  be  One,  are  hereby  required,  direfted,  and  impowered,  to 
grant,  convey,  and  acknowledge,  to  the  Perfon  or  Perfons  fo  taking  up  the  fame, 
and  to  his  and  their  Heirs  and  Afligns,  for  ever,  in  Fee-Simple,  for  the  Confi- 
deration  of  Ten  Shillings  Proclamation  Moneyj  for  each  and  every  Lot  by  them 
fo  granted ;  which  Ihall  be  appropriated  as  by  this  Aft  hereafter  is  drccled. 

XI.  P  ROV ID  ED  always^  That  if  any  Perfon  or  Perfons  whatfoever,  fhall  Grantee  not 
take  up  and  purchafe  any  Lot  or  Lots,  as  in  Manner  before  directed,  and  fliall  vJrs"^ Conv-^' 
not  build,  or  caufe  to  be  built  thereon,  for  each  and  every  Lot. or  Lots  fo  taken  up  ance  to  be°  voi^* 
and  purchafed,  within  Tv/o  Years  after  the  Date  of  the  faid  Conveyance,  a  good, 
fubftantial.  Brick,  Stone,  or  framed  habitable  Houfe,  not  of  lefs  Dimenfions  than 

Twenty  Feet  long,  Fifteen  Feet  in  Wedth,  and  Eight  Feet  in  Fleight,  be- 
tween the  firfl  Floor  and  the  Joills,  or  in  Proportion  for  each  and  every  Lot  or 
Lots,  or  make  fuch  Preparation  for  fo  doing  as  the  CommilTioners,  or  the  Majo- 
rity of  them,  Ihall  judge  reafonable  to  fecure  the  fame,  every  fuch  Conveyance 
fhall  be,  and  is  hereby  declared  void  and  of  none  Effeft,  as  if  the  fame  had  ne- 
ver been  made  ■■,  and  that  the  fame  Lots  be  free  and  clear  for  any  other  Perfon  to 
take  up  and  purchafe,  as  in  Manner  before  directed. 

XII.  AND  he-it  further  EnaBed^    by  the  Authority  aforefaid.  That  it  fhall  and  Ownrrs  of  Front 
may  be  lawful  for  any  Perfon,  who  is  Owner  of  a  f  ront  Lot  or  Lots,  to  ered  or  whlrfT^' s-fria 
build  a  Warehoufe,  Store-houfe,  Wharfs,  or  other  Conveniencies,  for  their  Land-  P^y""3  s  s. 
ing  and  Storing  of  Goods,  on  any   Part  of  the  Land  fronting  their  own  Lot  or 

Lots,  and  as  far  out  into  the  Water  as  he  or  they    fhall  think  proper,  not  going 
further  than  the  Edge  of  the  Channel,  paying  for  the  fame,  to  the  aforefaid  Com- 
milTioners or  Truftees,  for  each  and  every  Front  Lot,  Five  Shillings  Proclamation 
Money;  to  be  appropriated  as  by  this  A(5l  is  hereafer  direfted  i  which  Commif- 
lioners or  Truftees  are  hereby  impowered   to  make  him,    her,  or  them.   Grants 
or  Conveyances,  in  Fee-fimple,  for  the  fame  :  And  in  Cafe  the  Owner  or  Proprie-  Owner  not  tak. 
tor  of  any  Front  Lot  or  Lots  fhall  not,  within  Six  Months  after  Notice  given  by  and  "i-cuHnpThe 
any  Perfon,  purchafe  or  take  up  his  or  her   Front,    and  likewife  fhall  not,  with-  ^"j"\  ^-/^"^ 
in  Two  Years  after  the  Purchafe  thereof,  fecure  the  Front  Street  Fifty  Feet  from  any  U)ia  Pcrfon 
the  Waters  Encroachments,  that  it  fhall  and  may  be  lawful  for  any  Perfon  to  take  mo^^l.^^'J^'  if* 
up  the  fame,  under  the  Conditions  aforementioned. 

XIII.  AND  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  if  any  Per-  Perfoni  not  to 
fon,  after  the  FirftDay  of  A%next,  fhali  eredt,  repair,  or  caufe  to  be  erefted  or  ^"^^^^^  J,'P^'' 
repaired,,  any  Wooden  Chimney  within  the  faid  Town,  fuch  Perfon  fo  ofFen<!Hng,  nies,  on  Wmu'y 
/hall  forfeit  and  pay,  for  each  and  every  Offence,  the  Sum  of  Ten  Pounds  Procla-  ^"^  '"''• 

D  d  mation 


io6  LAWS    o/'North-Carolina. 


A.  D.  1740.    mation  Money  i  to  be  recovered  and  appropriated  as  hereafter  by  this  A6t  is  di- 
^™v '  reded. 

u"TT?xo"'the  ^^^-  ^  N  D  be  if  further  Enacted^  by  the  Authority  aforefaid^  That  the  Corn- 
Lots,  tox^Mit  a  miflioners  or  Truftees  aforelaid,  or  any  Three  of  them,  fliall,  within  Six  Months 
fence  rouod  the  ^^^^^  jj^g  Ratification  of  this  Ad,  meet  and  lay  a  Tax  on  each  and  everv  Ferfon, 

lown,      ana  iTwri  /■!•  it  tit-ti^ 

Common.  according  to  the  Number  01  his  or  her  L.ot  or  Lots,  Half  Acre  or  Half  Acres  of 

Land,  by  him  or  them  held  within  the  faid  Town,  (  Fronts  excepted  )  fufficient  to 
raife  a  Fence  round  the  faid  Town,   and  Town  Common,  as  the  Commiffioners  or 
Truilees  aforefaid,  or  any  Three  of  them,  fhall  think  fufficient,  fo  as  the  faid  Fence 
be  compleated  within  Eighteen  Months  after  the  Ratification  of  this  Ad;  under 
the  Penalty  of  Five  Founds  Proclamation  Money,  on  each  and  every  Commifli-* 
Pcrfoni  rcfjfing  oncr:  And  in  Cafe  any  Ferfon  or  Perons  (hall  negled  or  refufe  to  pay,  on  De- 
r/^fid*^"^'"'"^"'  niand,  his  or  her  Tax  fo  laid  by  the  aforefaid  Commiffioners  or  Truftees,  by  Vir- 
tue of  this  Ad,    fuch  Ferfon  or  Perfons  fo  offending,  fhall  forfeit  and  pay  the  Sum 
of  Two  Shillings  and  Six  Pence  Proclamation  Money,  over  and  above  the  faid 
Tax,  for  each  and  every  Lot  he  or  flie  hath  a  Conveyance  for  i  to  be  recovered 
and  appropriated  as  hereafter  in  this  Ad  is  direded. 

s^erfoBj  pulling  XV.  AND  be  it  further  EnaEled^  by  the  Authority  aforefaidThzx.  if  any  evil- 
downtheF.n«,  winded  Pcrfon  fliall,  in  the  Night,  or  at  any  Time  or  Times  whatfoever,  puU 

qr  driving  rlogs,  t^ii-*  i  1 

»e.  within  it,  down  the  faid  Town  Fence,  or  any  Part  thereof,  in  Order  to  let  m  any  Perfons 
t«  forfeit  le !.  j^ggj^  Cattle,  o^  Horfcs,  within  the  faid  Town  Inclofure,  or  fhall  otherwife 
drive  Pigs,  Cattle,  or  Horfes,  into,  or  out  of  the  faid  Town,  fuch  Perfon  fo  of- 
fending, fhall  forfeit  and  pay,  for  each  and  every  Offence,  the  Sum  of  Ten  Pounds 
Proclamation  Money  ;  to  be  recovered  and  appropriated  as  by  this  Ad  is  hereafter 
direded. 

a  be  ciejr  XVI.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid..  That  each  and  every 
tA  in  3  Months'  Perfon  or  Perfons,  pofTefTed  of  any  Lot  or  Lots  in  the  faid  Town,  or  hereafter 
tn  Penalty  of  5  s.  ^^U  be  pofTcffed,  and  not  ycf  cleared,  fhall,  in  the  Space  of  Three  Months  after 
the  palTing  of  this  Ad,  or  within  Three  Months  after  he,  fhe,  or  they,  Ihallhave 
purchafed  any  Lot  or  Lots,  cut  down  all  the  Wood  and  Brufh-wood  in  the  fame, 
and,  once  in  each  Year,  do  the  like;  and  in  Cafe  of  Negled  or  Refufalof  any  Pof- 
fefTor  or  PofTeffors  of  a  Lot  or  Lots  to  perform  the  fame,  in  Manner  aforefaid,' 
fuch  PofTefTor  fhall  forfeit  and  pay,  for  each  and  every  Offence,  the  Sum  of  Five 
Shillings  Proclamation  Money,  for  each  and  every  Lot  he,  fhe,  or  they,  fhall  have 
a  Conveyance  for ;  to  be  recovered  and  appropriated  as  in  this  Ad  is  hereafter  di- 
reded. 

Hogs,  ihoats,  er      XVII.  A  ND  be  it  further  Enacted.,  by  the  Authority  aforefaid.,  That  from  and 

piunded7&  fold  after  the  Time  the  aforefaid  Fence  fhall  be  compleated,  it  fhall  and  may  be  law- 

;"  T^'  ^^'^  "^  ful  fof  ^^y  Perfon  to  take  up  and  pound  any  Hog,  Shoat,  or  Pig,  that  fhall  be 

found  ranging  at  Large  in  the  faid  Town,  fo  long  as  the  faid  Fence  fhall  be  kept 

in  good  Repair :  And  fuch  Hogs,   Shoats,  or  Pigs,  fo  taken  up  and  pounded, 

fhall  be  Sold  at  Vandue,  and  the  Money  arifing  by  fucjl  Sale,  given  to  the  Poor 

refiding  in  the  faid  Town,  by  the  CommifTioners  or  Truftees  aforefaid :  And  for 

.  .r]^  •  preventing  Annoyances  and  Nufances  in  the  faid  Town, 

PnCm*-  Uymg        XVIII.  BE  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Perfon  or 
sitee'!''  &■  '*"'  Perfons  fhall  throw  out,  or  lay  in  any  Street,  or  upon  any  Public  Place  in  the  faid 
forfeit  '10  s,"   °  Town,  any  Dirt,  Rubbifh,  Duft,  or  Mortar,  except  fuch  Perfon  or  Perfons  who  are 
building  or  repairing  aHoufe  or  Hcufes  in  the  faid  Town,  during  the  Time  they 
are  building  or  repairing  fuch  Houfe  or  Houfes,  fuch  Perfon  or  Perfons  fo  of- 
fending, fhall  forfeit  and  pay^  to  the  aforefaid  CommifTioners  or  Truftees,  for  each 
and  every  Offence,  the  Sum  of  Ten  Shillings  Proclamation  Money  j  to  be  reco- 
vered 


L  A  fV  S    o/'    North-Carolina.  107 

Vered  and  appropiated  as  in  this  Ad  is  hereafter  diredled  :  And  if  any  fuch  Offence     -^  ^-  i74o' 
is  committed   by  any  Servant  or  Slave,  fuch  Servant  or  Slave  (hall  b^  punilhed  ,h — I     T'- 

,        TTT1  •        •  T         'T^i  •  T      n  1        r-.  ^  "  dune  by  a  acr 

by  Whipping,  not  exceeding  Thirty  Lalhes,  at  the  Diredlion  of  any  Three  of  the  vt^nt  or  sieve,  h* 
Commiflioners.  ^'^^  •"  "^  pp^<^- 

XIX.  AND  be  it  further  Enacted^  hy  the  Authority  aforefaid.  That  as  often  as  Maic  Tithabie* 
die  Overfeer  of  thefaid  Town  (hall  furnmon  the  Male  Tithables  thereof  to  work  on  s'Jree^s'&Ro.ds, 
the  Roads  or  Streets,  helKali  have  full  Power  to  diredl  the  Hiid  Tithables  to  clear  ^uV^nAiyodoi. 
the  Roads,    Streets,    and    Public   Places,  of  all  Woods,  Weeds,  Rubbiih,  and 

other  Nufances ;  and  if  any  Perfon  fhali  refufc  to  obfcrve  the  Ovcrfeers  Direflions 
therein,  he  fhall  forfeit  and  pay^  for  each  and  every'Oftence,  the  Sum  of  Ten  Shil- 
lings Proclamation  Money  i  to  be  recovered  and  appropriated  as  herein  after  is  di- 
reded ;  and  if  the  Perfon  refufing  be  a  Servant  or  Slave,  the  Mafler  or  Miftrefs  of  °*""'  ''^^''^  f"' 
fuch  Servant  or  Slave  is  hereby  made  liable  to  pay  the  fame.  sht,!'"'"" "' 

XX.  A  N D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Com-  strertj  and  Par. 
miffioners  or  Truftees  fhall  lay  out,  or  caufe  to  be  laid  out,  within  Six  Months  \T^l  '^^uhin'S 
next  following  the  Ratification  of  this  Ad,  the  feveral  Streets  and  PafTagcs  of  tlie  M'^''"ti's,  ace  rd- 
faid  Town,  as   defcribed  in  the  Plan  thereof,  and  fhall  fix  and  put  up  good  Pofts  '"^  to  the  piin. 
to  afcertain  the  Bounds  of  the  feveral  Streets  of  the  faid  Town ;  and  for  the  Ex- 
pence  and  Trouble  of  the  faid  CommifTioners  or  Truftees  in  the  Service  aforefaid, 

they  Ihall  be  paid  out  of  the  Fines  and  Forfeitures  arifing  by  Virtue  of  this  Ad. 

XXI.  A  N B  he  it  further  Enacted,  by  the  Authority  aforefaid^  That  the  Right  Freeholder*  to 
and  Privilege  of  Eleding  a  Reprefentative  for  the  faid  Town  of  Edenton,  to  fit  i^  ''"^ '  ^'"'^''^'' 
General  AfTembly,  be,  and  is  hereby  confirmed ;  and'that  the  Freeholders  of  the 

faid  Town  fliall,  for  ever,  have  Liberty,  at  all  Times  hereafter,  to  eled  and 
choofe  a  Member  to  fit  in  General  Aflembly ;  and  a  Writ  of  Eledion  fhall  ifTue, 
to  the  Inhabitants  of  the  faid  Town,  to  choole  a  Member  to  reprefent  them  in  the 
faid  AfiTcmbly,  at  fuch  Times,  and  in  the  fame  Manner,  as  the  faid  Writs  are 
iiTued  for  choofing  Reprefentatives  for  the  feveral  Counties  in  this  Province,  to 
fit  in  General  AfiTembly. ' 

XXII.  AN  D  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  Per-  Burgcft  for  the 
fon,  for  the  future,  fhall  be  deemed  or  taken  to  be  qualified  for  a  Reprefentative  l^^^f 'Dlfl:, 
for  the  faid  Town,  except  he  has  been  Owner  of  one  faved  Lot  in  his  own  Right,  « leaft  i  Ycw." 
in  the  faid  Town,  at  leail  One  Year  before  he  is  chofen ;  any  Thing  in  any  Ad 

to  the  contrary,  notwithftanding. 

XXIII  AND  he  it  further  Enacted^  hy  the.  Authority  aforefaid.  That  no  Perfon  Voters  to  u 
fhall   be  deemed  or  taken  to  be  qualified  to  give  his  Vote  for  a  Reprefentative  ^MomhL"  ^'' 
for  the  faid  Town,  to  fit  in  General  AflTemply,  except  he  has  been  Owner  of  One 
faved  Lot  at  leafl  Six  Months  before  fuch  Eledion. 

XXIV.  A  ND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  Trea-  Tre.fiirertokee^ 
furer  of  the  faid  Town,  from  and  after  the  Ratification  of  this  Ad,  fliall  be  oblig-  pL°?n"',he"'' 
ed  to  keep  his  Office,  and  a  Plan  of  the  Town,  in  the  faid  Town,  under  the  Pe-  Town,  nn  Pe- 
nalty of  One  Pound  Proclamation  Money,  for  each  and  every  Month  that  he  fhall  Mimhl'"'"'" 
negled  or  refufe  to  do  the  fame  i  to  be  recovered  and  appropriated  as  by  this  Ad 

is  hereafter  direded. 

XXV,  A  N  D  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  all  Fines  ah  Fines  not  ex- 
and  Forfeitures  in  this  Aa  mentioned,  not  exceeding  Twenty  Shillings  Proclama-  Trecfve^re/b/^ 
tion  Money,  Ihall  be  recovered,  by  a  Warrant  from  under  the  Hands  and  Seals  '^'^^^ff,!,^?  • 
of  any  Three  of  the  aforefaid  Commiffioners  or  Truftees;  and  all  Fines  above  anraii'abo»"' >n 
Twenty  Shillings  Proclamation  Money,  fhall  be  recovered,  in  any  Court  of  Record  ^^^y^cowtofRe. 

in 


io8  LAWS    o/'North-Carolina. 

^.  /).  1740.    ifj  this  Province,  by  A6Vion  of  Debt,  Bill,  Plaint,  or  Information ;  wherein  no 

^'''~^''""***'   Eflbign,  Injunction,  or  Wager  of  Law,  fliall  be  allowed  or  admitted  of;  any 

•  Law,  Ufage,  01*  Cuftom,  to  the  contrary,  notwithftanding:  Which  Fines  and 

jt^orfeitures  may  be  difcharged  in  Commodities,  as  rated  in  an  A61,  intituled,  An 

Act,  for  the  finifimg  the  Church  at  Edenton. 

Monies  iriffngVy  XXVI.  A  N  B  be  it  ftirther  Enacted^  by  the  Authority  aforefaid.  That  all  the 
Fme-^^n^b-''  ^  ^o^iey  arifing  by  the  Sale  of  Lots  in  the  faid  Town,  as  alfo  all  Fines  and  Forfei- 
out  by  the  Cm.  turcs  in  this  A<St  mentioned,  after  the  Commiffioners  or  Truftees  reafonable  Charg- 
Enl!iu"T^'  .*''"'  ^s  ^'^'^  Expences  for  their  fcveral  Services  are  dedu6led,  fhall  be  appropriated, 
of  the  Town,  laid  out,  and  applied,  to  fiich^Ufe  or  Ules  as  the  Commiflioners  or  Truftees,  or 
any  Three  of  them,  (hall  think  convenient,  for  the  better  Encouragement  of  the 
faid  Town.  j| 

Rcpciimgciaufe.  XXVII,  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  an  Ad, 
palled  in  the  Year  One  Thoufand  Seven  Hundred  and  Thirty  Eight,  intitu- 
led. An  Act,  for  Encouragement  and  better  Regulation  of  the  T'ow^w  5/ Edenton, 
and  every  Claufe,  Matter,  and  Thing  tlierein  contained,  fhall  be,  and  is  hereby 
Repealed  and  made  null  and  void,  to  all  Intents  and  Purpofes  whatfoever. 


CHAP.    n. 

^n  A5f,  to  enable  the  Commijjioners  herein  after  appointed,  to  ereSl  and 
finijh  a  Church  in  Newbern,  in  Craven  County  and  Parijh,  in  the  Pro- 
vince afore  faid,  and  for  the  better  Regulating  the  faid  'Town-,  and  other 
Fiirpofes  therein  mentioned. 

jrir-ste.  I.  TTTHEREAS  the  late  Veftry   of  Gra'ven  Parifli,  in  the  Year  One 

y  y  Thoufand  Seven  Hundred  and  Thirty  Nine,'  laid  a  Levy  on  all .  and 
every  the  Tithables  in  the  faid  Parifli,  for  and  towards  the  building  a  Church  in 
the  Town  of  Newbern,  in  the  aforefaid  Parilh,  and  appointed  Commiffioners  to 
manage  and  carry  on  the  fime,  and  to  apply  the  faid  Levy  to  the  Purpofe  afore- 
faid i  which  Commiffioners  have  made  One  Hundred  Thoufand  Bricks,  and  have 
been  at  other  Expences  towards  building,  the  faid  Church,  but  the  faid  Levy  not 
amounting  to  a  fufficient  Sum  to  compleat  the  fame,  and  the  prefent  Veftry  neg- 
leding  to  lay  a  further  Levy  on  the  Tithable  Inhabitants  of  the  faid  Parilh,  for 
the  finifhing  of  the  laid  Church ; 

11.  W  E  pray  that  it  may  be  Enacted,  And  be  it  Enabled,  by  his  Excellency  Ga- 
briel Johnfton,  £/j;  Governor,  by  dnd  with  the  Advice  and  Confent  of  his  Majefiy's 
Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enabled,  by  the  Au- 

.  thority  of  the  fame.  That  a  Tax  of  One  Shilling  and  fix  Pence  Proclamation  Mo- 
ney, for  Two  Years,  next  enfuing  the  Ratification  of  this  Acl,  be  laid,  and  it  is 
hereby  laid,  on  each  and  every  Tithable  Perfon  within  the  faid  Parilh  oi  Graven, 
to  defray  the  Expence  and  Charge  of  building  and  com  pleating  the  faid  Church, 
to  be  paid  Yearly,  in  fuch  Commodities  ^s  are  hereafter  rated,  viz.  Pork,  good 
and  merchantable,  dry  faked,  per  Barrel,  Thirty  Shillings  Proclamation  Money, 
Beef,  dry  faked,  per  Barrel,  good  and  merchantable.  Twenty  Shillings,  dreft  Deer 

'  Skins,  Two  Shillings  and  Six  Pence  per  Pound,  Tallow,  Four  Pence  per  Pound, 
Bees  Wax,  Ten  Pence  Half  Penny  per  Pound,  Rice  per  Hundred,  Ten  Shillings  ; 
to  be  paid  at  fuch  Times  and  Places  as  are  direCled  for  the  Receipt  of  his  Ma- 
jefty's  Quit-Rents,  in  and  by  an  A6t,  intkuled.  An  A£l,  for  providing  his  Ma~ 
jefiy  a  Rent-Roll,  for  fecuring  his  Majeflfs  ^lit-Rents,  for  the  Remiffion  of  Ar- 
rears 


L  A   W  S    of    North-Carolina.  109 

A.  D      17+0" 


rears  of  ^.it-Rent  s^  and  for  quieting  the  Inhabitants  in  their  Poffejfions ;  which  faid 
Tax  fhall  be  Annually  coUedled  and  received  by  John  Bryan-,  Gentleman,  he  firft 
giving  Security^  in  the  Sum  of  Four  Hundred  i^ounds.  Proclamation  Money,  to 
the  Juftices  of  the  County  Court  of  Craven^  for  the  faithful  Diicharge  and  Pay- 
ment of  the  fame,  who  ihall  be  allowed  Four  per  Cent,  for  attending,  receiving, 
and  paying  thereof ;  and  that  upon  Receipt  of  any  Commodity  or  Commodities, 
Sum  or  Sums  of  Money,  for  the  Uk  aforefaid,  the  fame  fhall  be  by  him  paid  to 
the  Commifiloners  or  the  Majority  of  them,  or  their  Order,  for  the  Ufe  atorefaid. 

III.  AND  he  it  further  Enaoied^  by  the  Authority  aforefaid^  That  each  Inhabi- 
tant in  the  faid  Pariih,  who  fhall  not  pay,  or  caufe  to  be  paid,  the  Tax  herein  be- 
fore mentioned,  at  the  Times  and  Places  aforefaid,  to  the  faid  John  Bryan,  as  in 
and  by  this  A6t  is  directed,  fuch  Perlbn  or  Perfons  fo  failing,  fhall,  for  each  De- 
fault, forfeit  and  pay  the  Sum  of  Four  Shillings,  Proclamation  Money,  for  each 
Tithable  for  which  he  ought  to  have  paid  the  faid  Tax,  befides  Cofls  •,  to  be 
levied,  hy  a  Warrant  from  under  the  Hand  and  Seal  of  one  or  more  Juflices  of  the 
Peace  of  the  County  aforefaid,  upon  the  Goods  and  Chatties  of  the  Delinquent : 
Which  Forfeiture  or  Forfeitures  fhall  be  paid  to  the  faid  John  Bryan,  or  any  o- 
ther  Perfon  appointed  by  the  faid  Commiflioners  or  the  major  Part  of  them,  and 
by  them  applied  towards  the  building  of  the  faid  Church. 

IV.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  George  Ro- 
iert,  William  Wtlfon,  George  hold,  William  Herritage,  and  Adam  Moor,  Gentle- 
men, are  hereby  appointed  CommilTioners  to  receive  the  faid  Levies  from  the  faid 
John  Bryan,  when  by  him  received  and  coUedted,  and  to  contract  and  agree  with 
fit  and  proper  Perfons  for  the  building  and  compleating  the  faid  Church,  in  a  neat 
and  Workman-like  Manner :  And  the  faid  John  Bryan  fhall,  and  is  hereby  di- 
refted,  to  account  with  the  CommifTioners  aforefaid,  when  required,  for  the  leve- 
ral  Commodities  and  Sums  by  him  colle(^ed  and  received,  in  Manner  aforefaid. 

V.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  any  Perfon 
or  Perfons  who  fhall  fubfcribe  any  Sum  or  Sums  of  Money,  for  and  towards  the 
building  of  the  aforefaid  Church,  and  fhall  afterwards  refufe  Payment  of  the  faid 
Sum  or  Sums  mentioned  to  be  paid  by  fuch  Subfcription,  fuch  Perfon  or  Perfons 
(hall  be  liable  for  the  fame,  and  the  CommifTioners  or  the  major  Part  of  them,  for 
the  Time  being,  are  hereby  authorized  to  fue  for  the  fame,  in  the  fame  Manner 
as  any  Perfon  may  be  fued,  for  Non-payment  of  Money  due  by  a  Promifory  Note. 

VI.  AND  whereas  the  late  Veftry  of  Craven  Parifh  laid  a  Levy,  in  the  Year 
One  Thoufand  Seven  Hundred  and  Thirty  Nine,  on  all  the  Tithables  in  the  faid 
Parifh,  towards  building  and  compleating  the  faid  Church ;  which  faid  Levy  is 
found  infufficient  to  carry  on  and  compleat  the  faid  Work,  a  confiderable  Part 
thereof  is  yet  unpaid  and  uncolleded : 

VII.  B  E  it  therefore  further  Enabled,  hy  the  Authority  aforefaid.  That  the  fe- 
veral  Perfons  who  have  not  already  paid  the  faid  Tax  or  Levy,  are  hereby  com- 
manded and  required  to  pay  the  faid  Levy  in  current  Bills,  as  laid  by  the  faid  Vef- 
try, in  the  fame  Manner,  and  at  the  fame  Times  and  Places,  and  to  the  fame 
Perfon  as  before  mentioned,  and  under  the  fame  Penalties  as  in  and  by  this  AGi  is 
before  diredted. 

VIII.  AND  he  it  further  Ena5fed,  hy  the  Authority  aforefaid.  That  all  Perfons 
who  have  been  heretofore  Churchwardens,  or  that  now  are  Churchwardens,  or 
that  have  heretofore  been  CommifTioners,  and  all  Perfons  whatfoever  who  have 
any  Parifh  Money  in  their  Hands  for  the  Ufe  aforefaid,  do  forthwith,  after  the 
Ratification  of  this  Adt,  account  with  the  CommifTioners  aforefaid,  or  the  Majo- 

E  €  rity 


■w> 


no  LA    IV    S     of    NoRTU-CAReLia  A. 

A  D.   ,740.    rity  ofthem,  and  pay  to  them,  or  their  Order,  on  Demand,  all  and  every  fuch 
«.^— .— ^_i  ^^^  ^^  Sums  of  Money  that  fhali  appear  to  be  due,  owing,  and  in  Arrear,  un- 
der the  Penalty  of  Ten  Pounds  Proclamation  Money,  over  and  above  the  Sum 
due,  owing,  and  in  Arrear,  to  the  Parifti  aforefaid  i  to  be  recovered,  by  Adion  of 
Debt,  Bill,  Plaint,  or  Information,  in  the  General  or  County  Court. 

IX.  AND  he  it  further  EnaSled^  by  the  Authority  aforefaid^  That  on  the  Death 
or  Removal  out  of  the  County  atorefaid  ot  any  of  the  atorefaid  Commiffioners, 
the  Majority  of  the  faid  Conmmiflioners  are  hereby  authorized  and  impowered  to 
appoint  a  proper  Perfon  or  Perfons,  who  Ihall  be  deemd  duly  qualified  to  a(5t  ia 
his  or  their  Room  and  Stead. 

X.  A  N  D  whereas  there  hath  bee/  great  Differences  and  Difputes  about  the 
Bounds  and  Limits  of  the  faid  Town  oi  Newbern^  which  hereafter  may  be  of  per- 
nicious Confequence  to  the  Freeholders  of  the  faid  Town,  as  well  as  a  Difcou- 
ragement  for  others  to  fettle  therein : 

XI.  B  E  it  therefore  further  Ena^ed^  by  the  Authority  aforefaid^  That  the  Juf- 
tices  of  the  Court  of  Graven  County,  at  the  Court  to  be  held  for  the  faid  County- 
next  after  the  Ratification  of  this  Aft,  or  at  any  other  fubftquent  Court,  fhall,  and 
they  are  hereby  required  to  appoint  a  Day,  whereon  the  Freeholders  of  the  faid 
Town  fhall  meet,  at  the  Court- houfe  in  the  faid  Town,  and  whereof  the  faid 
Freeholders  fhall  have  Notice,  and  with  a  fwori>  Surveyor  for  that  i  urpofe,  by 
the  faid  Court  appointed,  fhall  admeafure  and  lay  out  the  Meters  and  Bounds  of 
the  faid  Town,  purfuant  to  an  Ad  of  the  General  AfTembly  of  this  Province, 
intituled.  An  A5l^  for  the  better  fettling  the  'J^own  c/Newbern,  in  the  Precin5l  of 
Craven  j  and  fhall  lay  out  the  Streets,  and  alRx  Marks  at  the  Corners  of  each 
and  every  Lot  already  taken  up  and  faved,  at  the  joint  Cofl  and  Charge  of  the 
Freeholders  of  the  faid  Town  -,  which  Charge  fhall  be  afTeffed  by  the  Prefident 
or  Chairman  of  the  faid  Court,  with  two  other  of  the  Juftices  of  the  Peace  of  the 
faid  County,  and  Two  Freeholders,  to  be  appointed  by  the  Court  next  fucceed- 
ing  fuch  Admeafurement,  laying  out,  and  marking  of  the  faid  i:  treets  and  Lots, 
or  any  other  fubfequent  Court,  and  fhall  be  paid  by  the  Freeholders  of  the  faid 
Town  refpedively,  in  Proportion  to  the  Number  of  the  faved  Lots  that  he,  fhe, 
or  they,  fhall  hold  in  the  faid  Town,  to  the  faid  Juftices,  to  defray  the  faid 
Charge  of  admeafuring,  laying  out,  and  marking,  as  aforefaid  :  And  on  Default 
©r  Non-Payment  of  their  refpedive  Proportions  of  the  Charge  fo  afTeffed,  within 
Ten  Days  after  fuch  Affeffment  and  Demand  of  the  fame,  the  faid  Affeffment 
fhall  be  levied,  by  a  Warrant  from  any  one  Juftice  for  the  laid  County,  upon 
the  Goods  and  Chatties  of  fuch  Delinquent  or  Delinquents,  and  fold  at  Vandue, 
Five  Days  after  fuch  Diftrefs,  rendring  the  Overplus,  if  any,  Charges  firft  de- 
ducted, to  the  Owner. 

XII.  AND  whereas  in  and  by  the  aforefaid  Aft  of  Affembly,  there  was  a 
Lot  laid  out  in  the  laid  Town  for  a  Church,  which  faid  Lot  being  infufEci- 
ent,  and  not  fo  commodious  for  the  faid  Ufe,  and  all  the  adjacent  Lots  being 
taken  up  and  faved,  wherefore  the  faid  Veftry  have  taken  up  Four  Lots^ 
more  convenient  and  commodious,  for  erefting  a  Church,  and  for  a  Church-y^rd, 
and  other  Parilh  Ufes: 

XIII.  B  E  it  therefore  EnaHed^  by  the  Authority  aforefdid^  That  as  foon  as  the 
faid  Church  fhall  be  fit  to  celebrate  Divine  Service  in,  the  faid  Four  Lots  fhall 
be  faved  to  the  Parifh  for  the  Purpofes  aforementioned,  in  as  full  and  ample  z. 
Manner  as  if  the  faid  Parifh  had  erefted  a  Houfe  on  each  of  the' faid  Lots,  of  the 
Quality  and  Dimentions  prefcribed  by  the  faid  Aft  for  faving  Lots  in  the  faid 
Town.  -         .   .    .- 

XIV.  ^iVD 


L  A  IV  S    o/"    North-Carolina.  iir 

1^ ^.^■^M^^M^M^— ^— ■^i^'^^— ■— ^w^— ^^B^l——  I  I     ^ ^      l»       I       .._  ■       ■!  'I  -  .  ,     ,  ^^— ^ 

A.  D.    1740. 

XIV.  AND  be  it  further  Ena£ied^  by  the  Authority  aforefaidy  That  the  Com- 
miflioncrs  aforefaid  are  hereby  impowered  and  diredted,  to  make  Sale  and  difpofe 
of  the  abovementioned  Lot,  at  jf  ubhc  Vandue,  after  Four  Days  Notice  given, 
and  to  apply  the  Money  aniing  from  fuch  Sale,  towards  the  building  of  the  faid 
Church :  Any  Law  to  the  contrary,  in  any-wife,  notwithftanding. 


CHAP.    m. 

A?i  A6}y  to  enable  the  Commijfioners  herein  after  mentioned^  to  jiniJJi  the 

Church  already  begun  at  Edenton. 

I.  WJ  H  E  R  E  AS  feveral  weli-difpofed  Perfons  have  voluntarily  fubfcribed  Private 

Y'Y  and  contributed  feveral  Sums  of  Money,  to  build  and  ered  a  Church 
in  Edenton^  for  the  Advancement  of  Religion,  and  thereby  appointed  fcvera'l 
Commiffioners  to  manage  and  carry  on  the  fame,  and  to  apply  fuch  charitable 
Subfcriptions  and  Contributions  to  that  Purpofe  -,  which  faid  Commiffioners  have 
carried  on,  and,  in  Part,  built  the  fame ;  but  fome  of  the  Commiffioners  being  , 
'dead,  and  there  not  being  a  fufEcient  Sum  raifed  tocompleat  the  faid  Work,  and 
the  Veftry  of  the  Farifh  refufing  to  affift  therein,  the  laid  Building  may  become 
ruinous,  and  all  the  Money  already  expended  will  thereby  be  loft,  to  the  great 
Difcouragement  of  Religion,  and  of  fuch  good  and  pious  Intentions :  Therefore, 
to  prevent  the  fame,  and  to  promote  fo  laudable  a  Work,  and  in  Order  to  raife 
a  fufficient  Fund  for  finilhing  the  faid  Church  j 

II.  WE  pray  that  it  may  be  Enafted,  And  be  it  EnaEied,  by  his  Excellency  Ga^ 
briel  Johnfton,  Efq\  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefty^s 
Council,  and  General  Affernbly  of  this  Province,  and  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame.  That  a  Tax  of  Two  ShiUings,  Proclamation  Money,  fox 
Two  Years,  next  enfuing,  be  laid  on  each  and  every  Tithable  Perfon  within  the 
faid  Parifh,  or  County  of  Chowan,  to  defray  the  Expence  and  Charge  of  com- 
pleating  and  finilhing  the  faid  Church  ;  to  be  paid  Yearly,  in  fuch  Commodities 
as  are  hereafter  rated,  viz.  Tobacco,  at  Ten  Shillings  per  Hundred  -,  Bees- Wax, 
at  Ten  Pence  Half  Penny  per  Pound  ;  Tallow,  at  Four  Pence  per  Pound ;  Pork, 
good  and  merchantable,  at  Thirty  Shillings  per  Barrel,  not  lefs  than  Two  Hun- 
dred and  Twenty  Weight  in  each  Barrel  •,  or  if  in  current  Bills,  at  Seven  and  a 
Half  for  One,  in  Lieu  of  Proclamation  Money  ;  to  be  paid  at  fuch  Times  and 
Places,  and  in  fuch  Manner,  as  in  and  by  an  Adc,  intituled.  An  A£l,  for  pro- 
viding his  Majejiy  a  Rent-Roll,  for  fecuring  his  Majejlfs  ^lit-Rents^  for  the 
Remiffion  of^  Arrears  cf  ^lit-Rents,  and  for  quieting  the  Inhabitants  in  their  Pof- 
fejfions,  is  direded  :  Which  faid  Tax  ihall  be  Annually  received  by  fFtlliam  Luten, 
Gentleman,  he  firft  giving  Security,  in  the  Sum  of  Six  Hundred  Pounds,  Pro- 
clamation Money,  to  the  Juftices  of  the  County  Court,  for  the  faithful  Difcharge 
and  Payment  of  the  fame,  who  fhall  be  allowed  Four  per  Cent,  for  attending, 
deceiving,  and  paying  the  fame  -,  and  that  upon  Receipt  of  any  Commodity  or 
Commodities,  Sum  or  Sums  of  Money,  for  the  Ufe  aforefaid,  the  fame  Jhall  be 
by  him.  paid  to  the  Commiffioners,  or  the  Majority  of  them,  or  their  Order,  for 
the  Ufe  of  the  faid  Church. 

III.  A  N  Dbe  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  each  Inhabi- 
tant in  the  faid  Parifh,  who  ihall  not  pay,  or  caufe  to  be  paid,  each  and  every  ' 
Year,  the  Tax  herein  before  mentioned,  at  the  Times  and  Places  aforefaid,  to  the 
faid  William  Luten,  as  in  and  by  this  Acl  they  are  diredred ;  fuch  Perfon  fo  fail-; 
iog  fhall,  for  each  Default,  forfeit  and  pay  the  Sum  of  Four  Shillings,  Procla- 
mation 


112  Z/^/^5(?/"    North-Carolina. 

A  o    1740.    niation  Money,  per  Tithable,  befides  Colts  -,    to  be  levied,  by  a  Warrant  from 
"^  under  the  Hand  of  one  or  more  Juftices  of  the  Peace  of  the  County  aforefaid, 

upon  the  Goods  and  Chattels  of  the  Delinquent :  Which  Forfeiture  fhall  be  paid 
to  the  fliid  William  Lutcn^  or  any  other  Perfon  appointed  by  the  faid  Commif- 
lioners  for  that  Purpofe,  and  by  them  to  be  applied  towards  the  building  and 
com  pleating  of  the  faid  Church. 

IV.  AND  he  it  further  EtiaSfed,  by  the  Authority  aforefaid^  That  all  Per- 
fons  who  have  fubfcribed,  or  that  fhall  hereafter  fubfcribe,  to  pay  any  Sum  or 
Sums  of  Money,  for  and  towards  the  building  of  the  aforefaid  Church,  and  re- 
fufe  Payment  of  the  faid  Sum  or  Sums  mentioned  to  be  paid  by  fuch  Subfcrip- 
tion,  fuch  Perfon  or  Perfons  Ihall  be  liable  for  the  fame,  and  may  be  fued  by  the 
Commiffioners  aforefaid,  or  the  Survivors  of  them,  in  the  fame  Manner  as  any 
Perfon  may  be  fued  for  Non-payment  of  Money  on  a  Promifory  Note :  And  that 
the  faid  CommilTioners  alfo  have  full  Power  and  Authority  to  demand  and  receive 
of  all  Perfons  whatfoever,  that  have  any  Money  in  their  Hands  which  was  for-» 
merly  railed,  given,  or  contributed,  for  and  towards  the  Ufe  of  the  faid  Church ; 
and  in  Cafe  of  Refufal  or  Non-payment  of  the  fame,  to  bring  Adtion  or  Ad:ions, 
in  their  own  Name,  for  Pt.ecovery  thereof. 

V.  AND  be  it  further  Enact ed,  by  the  Authority  aforefaid.  That  the  Honour- 
able William  Smithy  Efqj  John  Montgomery,  and  John  Hodgfon,  Efqrs.  John 
Blount,  John  Benhury,  Abraham  Blackball,  and  James  Craven,  Gentlemen,  arc 
hereby  appointed  Commiffioners,  to  receive  the  faid  Levies  from  the  faid  William 
Luten,  when  received  and  collefted  ;  and  to  contradt  and  agree  with  fit  and  pro- 
per Perfons  for  finifhing  the  faid  Church,  in  a  neat  and  Workman-like  Manner, 
as  begun  :  And  the  faid  William  Luten  fhall,  and  he  is  hereby  direded,  to  ac- 
count with  the  Commiffioners  aforefaid,  when  called  upon  and  required,  for  the 
feveral  Commodities  and  Sums  by  him  collcfted  and  received. 

VI.  AND  whereas  the  Vellry  of  the  Parifli  of  Chowan,  in  the  Year  One  Thou- 
fand  Seven  Hundred  and  Thirty  Six,  laid  a  Levy  of  Twenty  Shillings  per  Titha- 
ble, and  in  the  Year  One  Thoufand  Seven  Hundred  and  Thirty  Seven,  laid  ano- 
ther Levy  of  Ten  Shillings  per  Tithable,  in  Current  Bills,  towards  building  the 
faid  Church,  a  confiderable  Part  of  which  is  yet  unpaid  and  uncolleded : 

VII.  B  E  it  therefore  EnaEled,  and  it  is  hereby  Enabled,  by  the  Authority  afore" 
faid.  That  the  feveral  Perfons  who  have  not  already  paid  the  faid  Taxes,  are  here- 
by commanded  and  required  to  pay  the  fame,  in  Current  Bills,  as  laid  by  the  faid 
Veftries,  or  in  Lieu  thereof,  in  Commodities  as  aforefaid,  in  the  fame  Manner, 
and  at  the  fame  Times  and  Places,  and  to  the  fame  Perfon,  as  before  mentioned, 
and  under  the  fame  Penalties  as  in  and  by  this  A<5t  is  before  dire(5ted. 

VIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Perfons  , 
who  have  been  heretofore  Churchwardens  or  Commiffioners,  as  alfo  all  other 
Perfons  whatfoever,  who  have  any  Parifli  or  Subfcription  Money  in  their  Hands, 
unpaid  or  unaccounted  for,  do  forthwith,  after  the  Ratification  of  this  Aft,  account 
with  the  Commiffioners  aforefaid,  and  pay  to  them,  or  their  Order,  on  Demand, 
all  fuch  Sum  and  Sums  of  Money  which  fhall  appear  to  be  due,  owing,  and  ia 
Arrear,  under  the  Penalty  of  Ten  Pounds  Proclamation  Money,  over  and  above 
the  Sum  fo  due  and  in  Arrear,  to  the  Parifh  aforefaid  ;  to  be  recovered,  by  Adli- 
on  of  Debt,  Bill,  Plaint,  or  Information,  in  the  General  or  County  Court. 

IX.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  on  the  Death 
or  Removal  out  of  the  County  aforefaid  of  the  faid  William  Luten,  or  any  of  the 
aforefaid  Commiffioners,  that  the  Majority  of  the  Commiffioners  are  hereby  im- 

powered 


LAWS     o/'    North-Carolina.  ii^ 


powered  and  authorized  to  make  Choice  of  a  proper  Perfon  or  Perfons,  who  fhall    ^^  ^    1740., 
be  deemed  duly  qualified  to  ad  in  his  or  their  Room  and  Stead. 

i-X.  A  N  D  he  it  further  Ena5fed,  hy  the  Authority  aforefaid^  That  when  the  Gid 
Church  (hall  be  fit  to  celebrate  Divine  Service  in,  all  Meetings  of  Veftries  for  the 
faid  Parifh,  being  firfb  duly  fummoned,  fhall  be  held  at  the  faid  Church,  and  at; 
no  other  Place-  i^i-  the  faid  Parifh,  under  the  Penalty  of  Ten  Shillings,  Proclama- 
tion Money,  befides  Colts,  for  each  and  every  Veftryman  fo  refufmg  or  neglect- 
ing;  to  be  levied,  by  a  Warrant  from  under  the  Hand  of  one  or  more  Juftices  of 
the  Peace  of  the  County  of  Chowan^  upon  the  Goods  and  Chatties  of  each  and  e- 
very  Veftryman  fo  offending ;  to  be  by  the  aforefaid  CommifTioners  applied  tq 
and  for  the  Ufe  of  the  faid  Church.  • 

it- 


C  H  A  p.     IV. 

An  A5f,  for  the  further  and  better  Regulatmi  of  the  Town  called  WiU 
■;^  mington,  in  New- Hanover  County ;  and  to  eJlabUJh  the  Chwch  of  the- 
"  PariJJj  of  St'  James,  to  be  built  in  the  faid  Town. 

I-  WT  H  E  R  E  A  S  it  is  found,  by  Experience,  that  the  ereding  of  a  Village  PreamU:. 

VV  formerly  called  Newton,  into  a  Town  and  Townfhip,  by  the  Name  of 
mimington,  has  greatly  promoted  the  Trade  and  Intereft,  and  contributed  to  the 
Eafe  and  Convcniency  of  the  Inhabitants  of  the  Counties  of  New-Hanover^  Bla- 
den, ^nd  Onflow :  And  whereas  feveral  Difputes  have  arifen,  about  the  Validity 
of  an  Aft  of  Afilmbly,  intituled.  An  Act,  for  erecting  the  Village  called  Newton, 
in  New-Hanover  County,  into  a  Town  and  Townfhip,  by  the  Name  c/ Wilmington, 
and  for  regulating  and  afcertaining  the  Bounds  thereof,  which  was  ratified  by  the 
Governor  in  the  laft  Seffion  of  the  General  Affembly,  held  at  Newbern;  which 
Difputes  have  raifed  Doubts,  and  much  perplexed  the  Minds  of  feveral  of  the 
Inhabitants  of  the  faid  County  o^  New-Hanover :  "For  removing  of  which,  and 
for  quietting  the  Minds  of  the  faid  Inhabitants,  and  for  the  further  and  bette^. 
Encouragement  and  Regulation  of  the  faid  Town  ; 

IT.  WE  pray  that  it  may  be  Enafted,  And  he  it  Enacted,  by  his  Excellency  ah  Things  he^e, 
Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Ma-  £g  t"VhJ"' 
^eflfs  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by  Town,  d«ia.-cd 
the  Authority  of  the  fame.  That  every  A<5t,  Matter,  and  Thing,  done,  afted,  and  ''''"'• 
performed  by  the  Inhabitants  of  the  faid  Town,  or  by  the  Juftices  and  Freemen 
of  New-Hanover  County,  or  by  the  Church >vardens  and  Veftrymen  of  the  faid 
County,  and  every  of  them,  fhall  be  deemed  valid  and  good,  notwithftandino- 
any  real  or  pretended  Defed  in  the  Manner  of  paffing  the  faid  Ad ;  and  that  by 
Reafon  of  the  Removal  of  the  County  Court  of  New-Hanover  from  a  Village 
c^W^^  Brunfwick,  in  that  County,  to  the  faid  Town  oi  Wilmington,  no  CauS 
Suit,  Plaint,  or  other  Matter,  of  what  Nature  or  Kind  foever,  which  was  or  is 
deoending  in  the  faid  Court,  ftiall  be  deemed  or  held  to  be  diftohtinued  or  aba- 
T     Vj  S5  °''-^'''  'r^"^''^'^/'  the  Juftices  of  the  faid  Court  fhall  proceed,  and  have 
Jurildittion,  to  try  and  determine  the  fame,  at  the  faid  Town  of  Wilmington. 

\  ^F'j"i^^  H  ^^/"'"^^^^  Enacted,  by  the  Authority  aforefaid.  That  the  Burgefs  Burgefs  eioaed 

elected  by  the  Inhabitants  of  the  faid  Town,  by  Virtue  of  the  faid  Ad,  fhall  be  f'^"h<Town,w 

deemed  to  be  duly  eleded,  and  qualified  to  fit  and  vote  in  the  General  Affembly  '"'"''''*"'''■ 

:  ,■       Provmce,  fo  long  as  this  prefent  General  Affembly  IhaU  continue.  ' 

..  F  f  IV,  AN'O 


11^  L    A    IF    S      of     NoRT  II  -CARQLlif  A. 


yi.  D.   1740.        jv.  A  N  B  be  it  further  Ena^ed,  by  the  Authority  aforefaidy  That  the  Court  of 

c^lI^rXiv>w-  New-Hanoz'er  County,  and  the  Eleftion  of  Reprefentatives  for  the  faid  County,  to 

Hano-ver,  and  E-  fjr  and  votc  in  the  General  Affembly,  and  the  Election  of  Veftrymen  for  the  Farifti 

be^heu  anf  made  of  Saint  Jcmes,  m  the  faid  County,  and  all  other  Public  Elections  for  the  faid 

at  mimirtgto,:.     County  of  New-Hanover,  for  the  faid  Parilh  called  Saint  Jones's  Parifh,  and  for 

the  faid  Town  of  PFilmington,  and  every  of  them,  of  what  Nature  or  Kind  foever,, 

fliall  be  held  and  made  in  the  faid  Town  of  Wilmington,  and  at  no  other  Place 

whatfoever. 

The  Aft  for  re-       Y.  AND  be  it  further  Ena^fed,  by  the  Authority  aforcfaid.  That  each  and  eve-! 
^'r'rei^in'' w'  ^y  Claufe  of  an  Ad:,  intituled.  An  Act,  for  Regulating  Vefiries  in  this  Government^ 
tranfaaing  Bali-  and  for  the  bettr  infpecting  the  Veftrymen  and  Churchwardens  Accounts  of  each  and 
'h>kk  ^'repealed,  ^'^^ry  Bfrifh  in  this  Government,  'paffed  in  the  Year  One  Thoufand  Seven  Hundred 
and  Twenty  Nine,  or  any  other  Act  or  Claufe  of  an  Aft  of  this  ProviRce  whatfo- 
ever, which  direfts  the  Courts  and  Eledlions  of  the  faid  County,  and  the  Church, 
Court-houfe,  and  Goal  of  the  laid  County  of  New-Hanover,  and  Saint  James'i. 
Parilh,  to  be  held  or  built  at  a  Place  called  Brunfwick,  be  and  is  hereby  Repealed. 

inhaWtintj  ef  VI.  A  N  D  be  it  further  Enacted,  by  the  Authority  afore  faid.  That  the  Inhabl- 
St'llrscfs'to  tants  of  the  faid  Town  of /^//»i//7^/i?w,  and  of  the  County  adjacent,  qualified,  ac- 
th"  Gc-nerai  Af-  cordiug  to  the  Direftions  of  this  Aft,  fhall,  for  ever,  have  the  Privilege  of  fend- 
fcaabiy.  j^^  ^  Burgefs  to  the  General  Aflembly  of  this  Province,  therein  to  confult  and 

vote,  in  as  ample  Manner  as  any  Reprefentative  of  any  County  or  Town  of  this 

Province. 

Who  (hall  be  VII.  A  N  D  for  afcertaining  the  Method  of  chufing  the  Burgeffes  or  Reprefen- 
"^°""'  t^tivcs  of  the  faid  Town,  Be  it  Enacted,  by  the  Authority  aforefqid.  That  every 

Man  who  Ihall  be  a  Tenant  of  a  Brick,  Stone,  or  framed  habitable  Houfe,  of  the 
Length  of  Twenty  Feet,  and  Sixteen  Feet  broad,  within  the  Bounds  of  the  faid 
Town,  who,  on  the  Day  of  Eleftion,  inhabits,  and  for  Three  Months  next  be- 
fore, inhabited  fuch  Houfe,  fhall  have  a  Vote  in  elefting  the  Reprefentative  of  the 
faid  Town,  to  be  fent  to  the  General  Affembly  -,  and  in  Cafe  there  fhall  be  no  Te- 
nant of  fuch  Houfe  qualified  to  vote  as  aforefaid,  that  then,  and  in  that  Cafe,  the 
Perfon  truly  and  bona  fide  feized  of  fuch  Houfe,  in  his  own  Right,  either  in  Fee- 
Simple,  Fee-Tail,  or  for  Term  of  Life,  fhall  be  intituled  to  vote  for  the  faid 
Reprefentative. 

VIII,  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  every  Man 
who,  on  the  Day  of  Eleftion,  and,  for  Three  Months  next  before,  fhall  be  an  In- 
habitant of  a  Brick  Houfe,  of  the  Length  of  Thirty  Feet,  and  Sixteen  Feet  broad, 
between  the  Bounds  of  the  faid  Town,  upwards,  and  Smith  Creek,  and  within 
One  Hundred  and  Twenty  Poles  of  Cape-Fear  River,  fhall  be  intituled  to  have  a 
Vote  in  the  Eleftion  of  the  Reprefentative  of  the  faid  Town  of  Wilmington,  (un- 
lefs  fuch  Inhabitant  be  a  Servant)  and  fhall  enjoy  all  the  Rights,  Privileges,  and 
Immunities,  that  any  Inhabitant  within  the  faid  Town  fhall  be  intituled  to,  by  Vir- 
tue of  this  Aft. 

Who  may  bs  a  IX.  A  N  D  be  it  further  Enacted,  ly  the  Authority  aforefaid^  That  no  Perfon 
Reprefentative.  ^^\  \^^  deemed  qualified  to  be  a  Reprefentative  of  the  faid  Town,  to*  fit  and  vote 
in  the  General  Affefnbly,  iinlefs,  on  the  Day  of  Eleftion,  he  be,  and  for  Three 
Months  next  before,  was  truly  and  bona  fide  feized,  in  his  own  Right,  in  Fee- 
Simple,  or  for  Term  of  Life,  of  a  Brick,  Stone,  or  framed  habitable  Houfe,  with- 
in the  Bounds  of  the  faid  Town,  with  one  or  more  Brick  Chimney  or  Chimneys, 
or  of  a  Brick  Houfe,  of  the  Length  of  Thirty  Feet,  and  Sixteen  Feet  broad,  be- 
tween the  Bounds  of  the  faid  Town,  upwards,  and  Smith  Creek,  and  within  One 

Hundred  and  Twenty  Poles  of  Caps-Fear  River. 

^  X.  AND 


L  A  TV  S    o/'North-Carolina.  ii5> 

A.  D.    1740. 

X.  AND  whereas  the  Town  of  IVilmington,  by  Reafon  of  its  Scituation  and  ' — "^      ' 
Navigation,  is  the  moft  central  and   convenient  Place  within  the  Diftrid  of  Port 
Brunfwicky  both  for  Exportation  and  Importation  of  Goods ; 

rXI.  B  E  it  therefore  Enacted,  hy  the  Authority  af ore/aid.  That  the  CoIlc6lor  of  offires  to  be  he'd 
his  Majefty's  Cuftoms,  and  the  Naval  Officer  of  Port  5/-««/w/V/^,  fhall  always  keep  »"  ^^'''"'"fi'"' 
and  execute  their  refpedive  Offices  in  the  faid  To.wn  of  Wilmington,  until  his  Ma- 
jefty  fhall  be  pleafed  to  give  his  Direclions  to  the  contrary  -,  and  likewife,  that  the 
Clerk  of  the  County  Court  of  New-Hanover,  and  the  Regifber  of  Conveyances  of  ^ 

tlie  faid  County,  fhall,  for  ever,  hold  and  execute  their  refpedive  Offices  in  the 
faid  Town  of  Wilmington:  And  that  if  any  of  the  faid  Officers  negle6t  or  refufe  fo 
to  do,  each  of  them  lb  neglefting  or  refufing,  fliall,  for  every  Week  he  fhall  be 
a  Delinquent,  forfeit  and  pay  the  Sum  ot  Thirty  Shillings,  Proclamation  Money, 
to  be  recovered  by  any  Perlon  who  fhall  fije  for  the  fame,  in  the  County  Court  of 
iV£"sy-H««ow;-, 'by  Adion  of  Debt,  Bill,  Plaint,  or  Information  j  One  Half  to  fuch 
Profecuto^k  and  the  other  Half  for  the  Commiffioners,  who  are  or  fhall  be  ap- 
pointed for  regulating  the  faid  Town  ;  to  be  applied  for  the  Benefit  of  the  faid 
Town. 

XII.  AND  he  it  further  Enacted,  hy  the  Authority,  aforefaid.  That  the  Church  ch.,rch  to  te 
of  the  PariOi  of  St.  James,  in  New-Hanover  County,  fhall  be  built  in  the  faid  il^^i"  ^'''^' 
Town  of  Wilmington  -,  and  ail  Sums  of  Money  already  raifed,  or  which  fhall  be 
hereafter  raifed,  by  Levies,  on  the  Inhabitants  of  the  faid  Parifh,  for  building  a 

Parifh  Church,  fhall  be  employed  to  build  a  Parifh  Church  in  the  faid  Town. 

XIII.  A  N  D  for  the  better  regulating  the  faid  Town  of  Wilmington,  Be  it  fur-  comminionjri 
ther  Enacted,  b^  the  Authority  aforefaid.  That  until  Commiffioners  fhall  be  eleded  appo't^-te^- 
and  appointed,  as  herein  after  direccled,  Robert  Halton,  James  Murray,  Samuel 
Woodward,  Richard  Eagles,    John  Porter,  JVilkam  Paris,  and  Robert  Walker, 

Efqrs.  are  hereby  eftablifhed,  appointed,  and  continued  Commiffioners  for  the 
laid  Town ;  and  the  faid  Commiffioners,  or  a  Majority  of  them,  ffiall  have  and 
be  inverted  with  all  the  Powers  and  Authorities  within  the  Bounds  of  the  faid 
Town  oi  WilmDigton,  (except  as  to  the  felHng  any  Lot  or  Lots  in  the  faid  Town) 
in  as  full  and  ample  Manner,  as  the  Commiffioners  for  the  Town  of  Edenton  have 
and  pofTcfs,  by  Virtue  of  any  Law  heretofore  pafTed. 

XIV.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  Inhabi-  Method  of  ek«. 
tants  of  the  faid  Town,  and  Parts  adjacent,  qualified  to  vote  for  the  Reprefentative  '"g  Commiffion- 
of  the  faid  Town,  ffial],  on  the  Firfl  T^uefday  in  April  next,  after  the  paffing  of  this  "'  "^^  *  ''''"^'^" 
Ad,  and  on  the  faid  Day  in  each  and  every  Year  after,  aflemble  in  the  Court- 

.  houfe  in  the  faid  Town,  and  fhall  then  and  there,  in  the  Prefence  of  any  Perfon 
that  they  th'e  Inhabitants  and  Eledors,  or  the  Majority  of  them,  fhall  appoint  to 
take  the  Poll,  eled  Five  Men,  out  of  which  Number  the  Governor  or  Comman- 
der in  Chief  for  the  Time  being  is  hereby  impowered  to  appoint  Three  Commif- 
fioners ;  and  the  faid  Three  Commiffioners  fo  eleded  and  appointed,  or  the  Majo- 
rity of  them,  ffiall  be  invefted  with  the  fame  Powers  and  Authorities  of  the  Seven 
Commiffioners  before  nominated.  . 

XV.  PROVIDED  always.  That  nothing  in  this  Ad,    or  any  other  Adi,  No  Power  to  ftL 
ihall  be  taken  or  confbrued,  to  be  a  Power  given  to  the  faid  Commiffioners,   to  ^'"''" 
grant,  fell,  or  dilpofe  of  Lots,  or  any  Parcel  of  Land,  within  the  Bounds  of  the 

faid  Town  of  H^ilmington. 

XVI.  AND  be  it  further  Enacted,  hy  the  Authority  aforefaid^  That  the  Two  Former Tasesfoi 
Taxes  of  Five  Shillings,  Current  Bills,  p^r  Poll,  which  were  laid  on  the  Inhabi-  b-iidins^court^ 

tants 


1  1 6  L    A   IV  S      of      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 

A.  D.   174a    j^j^^-g  Qf  fhg  f^ij  County  ot  Nezv-Hanover,  by  the  Juftices  of  the  faid  County,  at 
houfe'T'ued    «:hi^'Court  held  at  BrunfWiek^  pn  the  Eleventh  Day  of  December  laft,  to  be  leviedj 
towards  b^uMing  by  the  Shenif,   between  the  Firft  Day  of  'January,  and  the  Firil  Day  of  Marcb^- 
ni(hir''thf  ^'  ^^  the  Years  One  Tlioufand  Seyen  Hundred  and  Thirty  Nine')  and  One  Thoufand 
Cnurt-houfe  in  Scvcn  Hundred  and  Forty,  Five  Shillings  ^«?r  Poll,  in  each  Year,  in  Order  to 
wnmhgton.       jj^^jjjj  ^  Court'houfe  and  Goal  for  the  faid  County,  at  Bfuufwick,  fhall  be,  and 
are  hereby  appropriated  for  building  a  Goal  in  the  faid- Town  of  IVilmington,-  and 
toward  finiiliing  the  Court-houfc  already  begun  in  the  faid  Town;  and  that  the 
Orders  which  the  Juftices  of  the  faid  County  have  made,  and  fhall  make,  for  the. 
corapleat  levying  the  faid  Taxes,  for  the  Payment  and  Application  of  the  fame, 
according,  to  the  Intent  and  Meaning  of  this  Ad,  fhall  be  binding  on  ail  and  every 
Perfon  and  Perfons  concerned.  1    ol 

Town  Boundj.  XVII.  4  ND  he  it  further  Enacted,  That  the  Bounds  of  the  Town  of  Wil- 
mington, fhall  be,  and  are  circumfcribed  in  Manner  following ;  that  is  to  fay.  To 
the  Northward,  by  the  Lands  of  His  Excellency  the  Governor,"  upwards,  and 
below,  to  the  Southward,  by  the  Lands  of  Michael  Dyer ;  to  the  JVeJiwS^,  by  the- 
Northeafi  Branch  of  Cape-Fear  River ;  and  to  the  Eafiward,  by  a  Line  drawn- 
between  the  faid  Lands  of  the  Governor,  and  Michael  Dyer^  One  Flundred  and 
Twenty  Poles  diftant  from  the  River. 


CHAP.     V. 


An  A5i,  to  ejiahlijh  and  confirm  John  Hodgfon,   "Efy',  Treafurer  of  the 
Counties  herein  after  mentiojied.     O  B  S. 


C  H  A  P.    VL 

u^li%oi^»l  An  A£l,  to  appoint  able  and  fkilful  Clerks,  for  the  feveral  County  Coiirti 
in  Couneii.  within  this  Province,  and  for  the  better  fecuring  and  fafe-keeping  the 

Records  of  the  fa?Jie. 


CHAP.     VII. 

An  A5i,  for  the  more  effeUiual  EJlabliJlnng  a  Ferry  from  Bath-Town,  to 
Core-Point,  and  from  Core-Point,  to  Bath-Tow^n  ;  and  for  prevejiting 
any  other  Ferry  within  Ten  Miles  of  the  faid  Town  of  Bath,  or  Core- 
Point,  on  the  fame  Sides  of  the  River. 


Private^ 


L  T  T  7*  H  E  R  E  A  S  the  Ferry  from  Bath-Town,  to  Core-point,  and  from  Core- 
VV  point,  to  Bath-Town,  hath  been,  to  the  great  Damage  of  the  Inhabi- 
tants of  Bath-Town,  removed  from  the  faid  Places ;  And  whereas  the  Penalties 
mentioned  in  the  Aft  of  Afiembly,  intituled.  An  AEl,  concernitig  the  Roads  and 
Ferries,  are  found  infufficient  to  deter  evil  difpofcd  Perfons  from  ferrying  over 
within  the  Diftance  prefcribed  by  the  faid  A6t :  Wherefore,  for  the  further  En- 
couragement of  tl^e  /aid  Town  of  Bath,  and  to  prevent  the  removing  the  Ferry 
from  the  faid  Tow;!  of  Bath,  and  Core-point; 


Ly4WS     of    North-Caroliu A.  11/ 

m  I  I  -        --   —  .  ■  _         ■  .  ■_  .  ■  ■  - ^-^—     ..        .-    _    ,  ■■ ^^^0 

A.  D.    1740. 

II.  WE  pray  that  it  may  be  Enabled,  And  be  it  Enacted,  by  his  Excellency  Ga- 
briel Johnfton,  Efq-.,  Governor,  by  and  with  the  Ad'vice  and  Confent  of  his  Alajejly's 
Council,  and  General  Ajfembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame.  That  the  Juflices  for  the  County  o^  Beaufort,  fhall,  at  their 
next  Court  to  be  held  for  the  faid  County,  after  the  Ratification  of  this  Ad;,  nomi- 
nate and  appoint  fome  good  and  able  Ferfon,  Inhabitant  of  the  laid  Town,  to 
keep  the  Ferry  from  Bath-Town,  to  Core-point ;  and  alfo,  fonie  other  able  Perfon, 
to  keep  the  Ferry  irom  Cere-point,  on  the  South  Side  di  Fcmptico  River,  to  Bath'- 
'Town :  Which  faid  Perfons  lo  appointed,  refpedtively,  fhall  enter  into  Bond,  to 
the  Juftices  of  the  faid  Court,  to  keep  a  good  and  fufficient  Boat  and  Attendance, 
in  Order  to  tranfport  Paflengers  and  Horfcs  over  the  faid  River,  with  fuch  Regu- 
lations as  by  the  faid  Court  fiiall  be  judged  convenient. 

III.  AND  for  the  more  eftedlual  detering  any  Perfon  from  ferrying  Paflengers 
over  the  faid  River,  within  Ten  Miles  of  the  aforfaid  Places,  on  each  Side  the  faid 
River,  //  is  hereby  further  EnaSted,  by  the  Authority  aforefaid.  That  any  Perfon 
or  Perfons,  ferrying  over  any  Perfon  or  Perfons,  Horfe  or  Horfes,  within  Ten 
Miles  of  the  faid  Places,  on  each  Side  the  River,  for  which  he  or  they  fliall  receive 
a  Reward,  under  any  Denomination  whatfoever,  he,  fhe,  or  they,  fo  offending, 
ihall,  for  each  Offence,  forfeit  and  pay  the  Sum  of  Five  Pounds,  Proclamation 
Money  •,  One  Half  to  the  Ufe  of  the  Parilh,  the  other.  Half  to  the  Perfon  who  Ihall 
fue  for  the  fame,  by  Adion  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court 
of  Record  in  this  Province;  wherein  noEflbign,  Protection,  Injundlion,  or  Wager 
of  L  aw,  fhall  be  allowed  or  admitted  of. 

IV.  P  ROVIBEB  always.  That  this  Adc,  nor  any  Clairfe  or  Article  herein 
contained,  fhall  be  in  Force,  fo  as  any  Perfon  fhall  incur  any  Penalty  by  the  fame, 
until  a  Road  Ihall  be  cleared  and  made  paffable,  according  to  Law,  from  Core- 
point,  into  the  main  Road  leading  by  Rigney's  Qiiarter,  to  New-River,  at  the  Ex- 
pence  of  the  Perfon  v/ho  fhall  be  appointed  to  keep  Ferry  at  Core-point ;  which 
faid  Road,  when  fo  made,  fhall  afterwards  be  maintained  and  repaired  by  the  Pub- 
lic wand  until  a  convenient  Houfe  is  built,  fit  to  entertain  Travellers,  and  fufficient 
iBoats  and  Canoes  built  and  provided,  for  tranfporting  Men  and  Horfes  over  the 
faid  River,  to  be  approved  of  and  allowed  by  the  Juftices  of  the  County  Court 
of  Beaufort. 


CHAP.     VIII. 


An  AB,  to  enable  the  PariJI:)  of  St.  Andrew'^,  in  Tyrell  Comity,  and  the 
Southwefl  Parijh  of  Pafquotank  County,  to  ekSi  Vejlries,     O  B  S. 


CHAP.    IX. 

An  Ai8i,  to  exempt  the  Inhabitants  of  Bath-Town  from  working  on  the 
Public  Roads,  and  to  oblige  the  faid  Inhabitants  to  clear  and  keep  the 
Streets  of  the  J  aid  Town  clear  and  in  good  Order. 

!•  T1I7"  HEREAS  there  is  no  Provifion  made  by  any  Law  of  this  Province,  piivaw, 

VV    ^o  oblige  the  Inhabitants  oi  Bath-Town  to  clear,  and  keep  clear,  the 
Streets  of  the  faid  Town ; 

G  g  a  WE 


ii8  L  A  V/  S    o/'    North -Carolina. 

A.  D.     1740. 

IL  W  E  pray  that  it  may  be  Enabled,  And  be  it  Ena£fed^  hy  his  Excellency  Ga- 
briel Johnfton,  Efq^;  Governor^  by  and  with  the  Advice  and  Confent  of  his  Majefifs 
Council^  and  the  General  A[fembly  of  this  Province^  and  it  is  hereby  Ena^led^  by 
the  Authority  of  the  fame.  That  from  and  after  the  Ratification  of  this  A61,  it 
fhall  and  may  be  lawful  for  the  Juftices  of  the  County  of  Beaufort ,  Yearly,  to 
appoint  fome  proper  Ferfon,  Inhabitant  of  the  faid  Town,  Overfeer  of  the  fame  ; 
which  Overfeer  fo  appointed,  fhall,  as  often  as  there  fhall  be  Occafion,  fummons 
the  Male  tithable  Inhabitants  of  the  faid  Town,  to  clear  the  Streets  thereof,  and 
remove  any  Nufance  or  Nufances  within  the  faid  Town :  And  if  any  fuch  Male 
tithable  Inhabitant  fhall  fail  or  refufe  to  appear,  on  fuch  Summons,  and  work  in 
the  faid  Town,  at  fuch  Times  and  Places  as  the  faid  Overfeer  fhall  diredl,  fuch 
Perfon  fo  neglefting  or  refufing,  fhall  forfeit  and  pay  the  Sum  of  Two  Shillings 
arkd  Six  Pence,  Proclamation  Money,  for  every  Day  he  fhall  fo  negledt  or  refufe ; 
to  be  recovered  by  a  Warrant  from  any  Juflice  of  the  Peace  of  the  faid  County, 
and  applied  to  the  Ufe  of  employing  Perfons  to  work  and  keep  the  Streets  of 
die  faid  Town  clear  and  in  good  Order. 

III.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid  In- 
habitants fhall  be,  and  are,  for  the  future,  exempt  from  working  on' any  of  the 
Public  Roads  within  this  Province,  out  of  the  Limits  of  the  faid  Town. 


C  H  A  P.    X. 

An  A5iy  to  enable  the  Jujlices  of  Tyrell  County y  to  build  a  Warehoufe  on 
Scopernongs,  yir  receiving  of  his  Majejiy's  ^it-Rents, 

Private.  I.  XXTHEREAS  a  Warehoufe,   for  the  Receipt  of  his  Majefty's  Quit- 

W  Rents,  was,  by  an  Ad  of  AfTembly,  intituled,  A>i  Aff,  for  providing 
his  Mnjejiy  a  Rent-Roll,  for  feciiring  his  Majefty's  ^it-Rents,  for  the  Remiffion 
of  Arrears  of  ^dt-Rents,  and  for  quieting  the  Inhabitants  in  their  Pcffejfions ;  and 
for  the  better  Settlement  of  his  Majefty's  Province  of  North-Carolina,  direfted  to 
be  built  at  Jofeph  Spruel's  Landing,  on  Scopernongs  River,  in  'Tyrell  County,  for 
Receipt  of  his  Majefty's  Quit-Rents,  payable  in  the  faid  County  •,  to  which  Place 
no  Pettiagua  or  other  VefTel  capable  of  carrying  any  Commodities  can  go,  which 
renders  the  faid  Place  very  inconvenient  for  the  Receipt  of  the  Quit-Rents :  And 
whereas  the  Place  called  Samuel  Spruel's  Landing,  on  Scopernongs,  in  the  faid 
County,  is  a  Place  to  which  any  Sloop  can  go,  and  is  like  wife  a  convenient  Place 
for  the  Inhabitants  of  the  faid  County  to  pay  their  Quit-Rents  at ; 

-II.  WE  pray  that  it  may  be  Enafted,  And  be  it  Ena^ed,  by  his  Excellency  Gz- 
briel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefty's 
Council,  and  the  General  Ajfembly  of  this  Province,  and  it  is  hereby  Enacted,  by 
the  Authority  of  the  fame^  That  the  Juftices  of  Tyrell  County,  inflead  of  build- 
ing a  Warehoufe  at  Jofeph  Spruel's  Landing,  fhall  caufe  the  Warehoufe  by  the 
aforefaid  Adt  direded  to  be  built  at  Jofeph  Spruel's  Landing,  for  Receipt  of  his 
Majefty's  Quit-Rents,  to  be  built  at  Samuel  Spruel's  Landing  aforefaid,  on  Sco- 
pernongs, in  the  faid  County  of  Tyrell :  And  the  Juftices  of  the  faid  County  arc 
hereby  diredled  to  caufe  the  faid  Warehoufe  to  be  built  at  the  faid  Place,  and  to 
lay  a  Levy,  and  to  apply  the  fame  towards  building  the  faid  Warehoufe,  and  to 
purchafe  Land  to  build  the  fame  on,  agreeable  to  the  Power  to  them  given  by  the 
aforefaid  Aa  of  AfTembly, 

CHAP. 


L  A  JV  S    o/'    North-  C  a_r  o  J-J-  n  a. J-i-9 

A,  D.    1-^9. 

CHAP.    XI. 

An  A^i  to  enable  the  CommlJJioners  herein  after  named^  to  build  a  Bridge 
over  Levingfton'j  Creek^  bet-voeen  New-Hanover  and  Bladen  Counties. 

O  B  S. 


CHAP.     XII. 

An  A5t,  for  the  better  re^ulatin^  the  Militia  of  this  Government.         R^p-  ^y   ^a, 

'  -^  "  *-'  •'  June    28,   I740> 

Cb^p.   I. 


CHAP.     XIII.  . 

An  A5f^  for  granting  an  Aid  to  his  Majejly^  to  defray  the  Expences  of 
tranfporting  the  fever al  'Troops  inli/ied  in  his  Majefiys  Service  in  this 
Colofiyy  and  to  afcertain  the  Method  of  paying  all  Taxes  and  Levies  in 
Co?nmodities ;  and  for  other  Purpofes  therein  mentioned. 

I.  Wf  H  E  R  E  A  S  his  Majtily  hath  been  pleafed  to  lend  Inftruftions  to  the  This  Aft^obft- 
V  V     Governor  of  this  Colony,  to  inlift  Men  in  his  Majefty's  Service,  and  "huT'tr  the* 
afterwards,  to  tranfport  them,  at  the  Expence  of  this  Colony,  to  the  PFeJi-Indies,  Method  of  pay- 
there  to  join  othtr  Troops  of  his  Majefty,  fent  thither  upon  an  Expedition  in-  pfbts. 
tended  againft  the  Spaniards  ;  and  this  Affcmbly  being  defirous  of  Ihewing  their 
Loyalty  and  Duty,  and  taking  into  Confideration  the  moft  effectual  Ways  and 
Means  to  raife  Money  to  defray  the  Expences  of  tranfporting  the  faid  Troops  in- 
lifted  here,  to  the  Wejl-Ind'es^  find,  that  the  Poverty  of  the  People  of  this  Pro- 
vince renders  it  impracticable  to  collect  a  Levy  in  Money,  humbly  reprefent  un- 
to your  Majefty,  that  laying  a  Levy  to  be  paid  in  the  Commodities  of  the  Coun- 
try, will  be  the  only  effedual  Expedient  for  raifmg  a  Fund  to  anfwer  the  prefent 
-Service:  Wherefore, 


»# 


II.  W  E  pray  that  it  may  be  Enabled,  And  be  it  Enacted,  hy  his  Excellency 
Gabriel  Johnfton,  Efq\  Go^aernor,  by  and  with  the  Advice  and  Confint  of  his  Ma- 
jefty's Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted^  by 
the  Authority  of  the  fame.  That  Three  Shillings,  Proclamation  Money,  for  One 
"  Year,  next  after  the  Ratification  of  this  Adl,  be  paid,  for  every  Tithable  within 
;  this  Province  :  Which  Levy  fhall  be  paid  in  the  Commodities  hereafter  mentioned, 
at  the  Rates  following ;  that  is  to  fay.  Tobacco,  per  Hundred,  Ten  Shillings  j 
Rice,  ^^r  Hundred,  Seven  Shillings  and  Six  Pence,  for  that  Part  of  the  Province 
'only  heretofore  known  by  the  Name  of  Bath  County  •,  /W/^«-drcft  Deer-Skins, 
not  weighing  lefs  than  One  Pound  each  Skin,  Two  Shillings  and  Six  Pence  the 
"Pound-,  Bees- Wax,    at  Ten  Pence  Half  Penny  per  Pound-,  Tallow,  at  Four 
*  Pence  per  Pound  -,  Pork,  in  good  tight  Barrels,  dry  faked,  each  Barrel  contain- 
ing Two  Hundred  and  Twenty  Weight,  at  One  Pound  Seven  Shillings  per  Bar- 
rel -,  Beef,  in  good  tight  Barrels,  dry  faked,  each  Barrel  containing  Two  Hun- 
dred and  Twenty  Pounds,  at  Seventeen  Shillings  and  Six  Pence  per  Barrel. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Inhabi- 
tants of  that  Part  of  the  Province  heretofore  called  Albemarle  County,  fliall  pay 
■.  the  aforefaid  Levy  in  the  aforefaid  Commodities,  or  by  Bills  of  Credit,  at  thf 
Rate  of  Seven  Pounds  Ten  Shillings  for  every  Twenty  Shillings  Proclamation 

MQney^ 


I20  L  A  JV  S    of    North-Carolina. 

A.  D.    1740. 


Money,  at  one  of  the  Warehoufes  in  their  refpedlive  Counties,  appointed  for  the 
Receipt  of  his  Majefty's  Quit-Rents,  to  the  Perfon  or  Perfons  appointed  by  Vir- 
tue of  this  A6t,  within  the  laft  Ten  Days  of  the  Month  of  No'vemher,  and  the 
laft  Ten  Days  of  the  Month  of  January^  then  next  enfuing^  (Beef  excepted,  which 
ihal]  be  paid  and  received  in  Satisfaftion  of  the  aforefaid  Levy  within  the  laft  Ten 
Days  of  November  only ; )  for  which  the  Infpeftor  Iliall  give  a  Receipt  to  the 
Perfon  or  Perfons  bringing  the  fame. 

IV;  AND  be  it  further  Enabled,  by  the  Authority  afofefaid^  That  each  Perfon 
of  the  aforefaid  Province,  who  Ihall  negled  or  refufe  to  pay  the  aforefaid  Levy, 
in  Manner  aforefaid,  and  fhall  be  in  Arrear  on  the  Firft  Day  of  February  next,  af- 
ter the  laft  Day  of  Payment,  fuch  Defaulter  fhall  be  liable  to  double  Diftrefs ;  to 
be  levied  upon  his  Goods  and  Chattels,  together  with  Cofts  and  Charges,  by  the 
Sheriffof  the  County  within  which  fuch  Delinquent  inhabits. 

V.  AND  be  it  further  EnaEled^  by  the  Authority  aforefaid^  That  the  Juftices 
of  each  County  in  the  aforefaid  Diftrift,  formerly  called  ^^^/^  County,  fhall,  at 
the  Firft  County  Court  which  fhall  be  held  in  the  feveral  Counties  within  the  afore- 
faid Diftrid,  after  the  Ratification  of  this  Aft,  lay  a  fufficient  Levy  upon  the  In- 
habitants of  their  County,  not  exceeding  One  Shilling,  Proclamation  Money,  per 
Tithable,  for  defraying  the  Charges  of  building  or  hireing  a  fubftantial  Warehoufe, 
at  the  moft  convenient  Landing,  upon  a  navigable  River,  within  their  County, 
and  fhall,  with  fuch  Levy,  on  or  before  the  Fifteenth  Day  of  November  next,  af- 
ter the  Ratification  of  this  Ad,  build  or  hire  a  fubftantial  Warehoufe  for  the  fafe- 
keeping  of  the  aforefaid  Levy,  and  all  other  Levies  now  laid,  or  hereafter  to  ba 
laid  :  And  in  Cafe  the  faid  Juftices  fhall  refufe  or  negledt  fo  to  do,  each  Juftice  fo 
refufing  or  negleding,  fhall  forfeit  and  pay,  to  his  Majefty,  the  Sum  of  Five 
Pounds,  Proclamation  Money ;  to  be  recovered  in  any  Court  of  Record  in  this 
Province,  to  be  applied  in  building  a  Warehoufe  in  the  faid  County. 

VI.  AND  be  it  Ena5led,  by  the  Authority  aforefaid,  ThdX  John  Hodgfon,  and 
John  Montgomery,  Efqrs.  1'homas  Hunter,  John  Blount,  fVilliam  Paris,  and  George 
Roberts,  Gentlemen,  be,  and  are  hereby  appointed  Commiffioners,  and  they,  or 
the  Majority  of  them,  are  hereby  authorized  to  hire  VefTels,  and  buy  Provifions, 
arid  all  Things  necefTary,  for  vidualing  and  tranfporting  Four  Hundred  Men  to 
the  Wejl-Indies  ;  and  to  defray  the  Charge  thereof,  the  faid  CommilTioners  or  the 
Majority  of  them,  are  hereby  impowered  to  receive,  of  the  Infpedtors  who  fhall  be 
appointed  to  receive  the  aforefaid  Levy,  all  the  Money  and  Commodities  they 
fhall  receive  in  Satisfadion  th|efeof,  and  to  fell  and  difpofe  of  the  Commodities 
as  they  fhall  think  proper  ;  and  the  faid  CommifTion^rs  fliall  account  with  the  Ge- 
neral AfTembly  of  this  Province  for  all  the  Money  and  Commodities  they  fliall  re- 
ceive, and  fhall  be  allowed  for.  their  Trouble  and  reafonable  Charges  by  the  Ge- 
neral AfTembly  ;  and  what  Surplus  fhall  remain,  fhall  be  applied  by  the  General 
AfTembly  towards  defraying  the  contingent  Charges  of  Government :  And  each 
and  eVer/jjjInfpeftor  is  hereby  difeded  to  keep  Account  of  all  Money  and  Quanti- 
ty of  Commodities  they  fhall  receive,  and  of  whom,  in  Satisfaftion  of  the  afore^ 
faid  Levy,  and  fhall,  on  or  before  the  Firft  Day  of  March^  next,  after  the  Rati- 
fication of  this  Aft,  account  with,  and  pay  to  the  CommifTioners,  all  the  Money 
and  Commodities  he  or  they  fhall  receive,  or  give  his  or  their  Notes  for,  in  Cafe 
the  faid  CommilTioners  do  require  the  fame  ;  and  each  Infpedor  who  fliall  refufe 
or  negled  fo  to  do,  within  the  aforefaid  Time,  fliall  forfeit  and  pay  the  Sum  of 
One  Hundred  Pounds,  Proclamation  Money,  to  the  Ufe  of  his  Majefty ;  to  be 
recovered,  in  any  Court  of  Record  in  this  Province,  by  Aftion  of  Debt,  Bill, 
Plaint,  or  Information,  and  to  be  applied,  by  the  Governor  or  Commander  in 
Chief  for  the  Time  being,  for  repairing  the  Warehoufe  or  Houfes,  and  defraying 
Other  incident  Charges,  where  fuch  Delinquent  fliall  be  Infpedor. 

VIL  AND 


LAWS    of    North-Carolina.  m 


A.  D.    1740. 

VII.  A.  N  D  whereas  the  great  Scarcity  of  Money  renders  it,  at  prefent,  ex->  ^i^^i^^^T^ 
treamly  difficult  tor  the  Inhabitans  of  this  Province  to  pay  the  Public,  County, 

and  Parjfh  Levies  already  impofed  ;  and  as  the  Paper  Bills  of  Credit  will  be  current 
only  till  November^  One  Thoufand  Seven  Hundred  and  Forty  Four,  when  they 
will  expire,  and  it  will  thcrclore  be  impoflible  for  the  Inhabitants  of  this  Province 
to  pay  any  Levies  or  Taxes  whatfocver,  or  any  Fines  and  Forfeitures,  unlefs  the 
Commodities  of  the  Country  be  accepted  in  Difcharge  thereof,  according  to  the 
Ufage  and  Cuftom  of  fome  of  our  neighbouring  Colonies  j 

VIII.  W  E  pray  that  it  may  be  Enaded,  And  be  it  Ena^ed^  by  the  Autherity  ^"'«  tob?  ?»>* 
afcrefaidy  That  all  Public,  County^  and  Parilh  Levies,  already  impofed,  and  which  '°  ^"•°'°'''^"'' 
ihiU  be  due  and  payable  after  the  Ratification  of  this  Act,  and  which  fhall  hereaf- 
ter be  laid  and  impofed  on  the  Inhabitants  of  this  Province,  fhall  be  paid  in  the 
Commodities  as  rated  in  this  Ad,  in  Manner  following ;  that  is  to  fiy.  Every 

Pcrfon  paying  any  Commodities  in  Difcharge  of  fuch  Levies,  fhall  carry  the  fame 
to  the  Infpcdor  of  one  of  the  Warehoufes  in  the  County  where  he  refides,  at  the 
Times  betore  mentioned  for  Payment  of  the  Levy  by  this  Ad  impofed,  to  be  r^^ 
ceived  and  examined,  as  is  by  this  Ad  before  exprefTed  and  dirededo 

IX.  AND  be  it  further  Enacted^  by  the  Authority  afore f aid.  That  if  anj^  Per-  Where  Difpute. 
fon  fhall  tender  any  01  the  Commodities  herein  mentioned  in  Difcharge  of  the  Le-  c'mmodiiiej''not 
vy  by  this  Ad  laid,  or  any  othv.r  Levies  or  Taxes,  and  a  Difpute  fhall  arifc  whe-  bing  merchant- 
ther  the  fame  be  good  and  merchantable,  the  Party  tendering  the  fame  may  apply  £  h"s*Wal! 
to  a  Magiflrate  in  the  County,  who  is  hereby  impowtrcd  and  direded  to  grant  »»"' '" » Confta- 
his  Warrant,  direded  to  any  Conltable  or  other  lawful  Officer,  to  fummons  Two  I'^rel"?,.  iZr^o 
ikilful  Freeholders,  who,  upon  their  Oaths,  fhall  view  and  examine  the  fame; '^""'°'"*'* 
and  if  fuch  Commodity  fo  tendered  be  adjudged  good  and  merchantable,  then  the 
Infpedor  fhall  receive  the  fame  ;  and  in  that  Cafe,  the  Juftice  granting  fuch  War- 
rant, and  the  Officer  executing  it,  fliall  not  charge  the  Infpedor,  or  any  other, 

any  Cofl,  and  if  paid  in  Difcharge  of  the  Levy  by  this  Ad  impofed,  fhall  give  a 
Receipt  for  the  fame  ;  and  if  in  Difcharge  of  any  other  Public,  County,  or  Parifh 
Ivcvy,  then  the  faid  Infpedor  fhall  give  a  Note  for  the  fame,  in  Mannt  r  as  here- 
in after  mentioned  :  But  in  Cafe  fuch  Commodity  tendered,  be,  by  the  fuid  Free-  p^-rfons  tencie/iftg 
holders  adjudged  bad,  and  not  found  and  merchantable,  the  Perfon  fo  tendering  *'f/^'r"l,''if'h* 
the  fame  fliall  forfeit  Half  the  Value  of  fuch  Commodity  fo  tendered,  as  rated  by  v.^iJe^    wiU^ 
this  Ad,  provided  the  fame  had  been  good,  together  with  Cofts  ;  to  be  paid  to  ^''^' 
the  Churchwardens  of  the  Pariih  where  fuch  Cpmrngdity  fhall  be  tendered,  to  be 
applied  to  the  Ufe  ot  the  faid  Paj-ilh, 

X.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  every  In-  infp'ftTtoope* 
fpector  Ihall,  and  is  hereby  authorized,  to  open  every  Hogfhead,  Cafk,  or  Bar-  c>,mm.'rf!tie5,  i^ 
rel,  and  diligently  view  and  examine  the  fame,  and  every  Commodity  fo  deliver-  *°  weigh  them, 
ed  i  and  if  fuch  Infpedor  fhall  think  fuch  Commodity  tendered  to  be  paid,  is 

good,  found,  well-conditioned,  and  merchantable,  he  fhall  weigh  the  fame,  with 
Weights  of  the  lawful  Standard,  or  proved  Stilliards,  for  Eighteen  Months  only, 
^fter  the  Ratification  of  this  Ad,  and  fhall  keep  an  exad  Account  of  all  fuch 
Commodities  by  him  received  ;  and  when  he  fhall  receive  any  Hogfhead,  Cafk,  J^^V*  Th^'^h''' 
or  Barrel,  wherein  is  contained  Tobacco,  Tallow,  Rice,  or  Bees- Wax,  when  the  NTmcTf  the'' 
fame  fhall  be  allowed  good  and  merchantable,  and  weighed  by  him,  he  fhall  tYe'cr't 'an? 
ftamp  every  fuch  Hogfhead,  Cafk,   or  Barrel,  with  the  proper  Mark  of  the  Nett  Wdjht" 
Warehoufe,  or  caufc  the  fame  to  be  done,  in  the  Prefence  of  the  Perfon  fo  pay- 
ing the  fame  •,  and  fhall  alfo  mark  thereon,  in  like  Manner,  the  Tare  of  the  Hog- 
ihead  or  Calk,  and  the  Nett  Quantity  therein  contained. 

H  h  XI,  AND 


122  Z»/^.  ^<S'o/'North-Carolina. 


yi   D.     1740. 

ir^>tairrjlie       XI.  AND  be  if  further  Enacted^  by  the  Authority  aforefaid.  That  if  any  Com- 
N  .t.s  for  Cm.  modity  fliall  be  brought  to  any  of  the  Warehoufes  for  Difcharge  of  any  other 
Kceired!''^'^""  Public,  County,  or  Parifli  Levies,  than  what  is  impofed  hy  this  Ad,  the  faid 
Infpeftors,  after  they  have  viewed,  examined,  and  weighed  the  faid  Commodity, 
fhall  be  obliged  to  deliver,  to  the  Perfon  bringing  the  fame,  as  many  Promifory 
Notes,  under  their  Hands,  as  fhali  be  required,  for  the  Quantity  of  Commodities 
by  them  received,  in  which  fhall  be  expreiled  the  particular  Commodity  by  them 
Notee  to'pafs      I'eceived  i  which  faid  Notes  fhall  be,-  and  are  hereby  declared  current  and  payable, 
turrcnt.  "  according  to  the  Value  of  the  Comn-iodity  exprefTed  therein,  and  fhall  be  transfera- 

ble and  deemed  a  Tender  for  Payment  of  all  County  and  Parifh  Levies,  and  like- 
wife  all  Debts  and  Dues,  in  Manner  as  in  this  A6t  is  hereafter  dire<5ted. 

Sheriff  to  attend  XII.  A  N  B  bs  it  further  Ena£ied^  by  the  Authority  aforefaidy  That  the  SherifF 
houfe.%oKce'ive  of  cvery  County  fhall  attend  at  tl>e  refpeftive  Warehoufes  in  his  County,  at  the 
tevieg.  Times  the  Infpi-dor  fhall  attend,  and  receive  all  Public,  County,  and  Parifh  Le- 

vies, (except  the  Levy  which  is  hereby  impofed,  which  fliall  be  paid  to  the  In- 
fpecStors  only,  and  they  accountable  to  the  CommifTioners,)  which  fhall  then  be 
paid  them   in  Inlpedors  Notes,  current  Bills,  or  Proclamation  Money,  by  the 
PerfoBs  ncit^pa^.  Perfons  owing  the  fame  ;  and  if  any  Perfon,  chargeable  with  the  Dues  or  Levies 
before  the  bft  nf  aforcfaid,  fhall  negleft  or  refufe  to  pay  the  fame,  on  or  before  the  lafl  Day  of 
to  diSn.^''"''^  January,  Yearly,  it  fhall  and  may  be  lawful  for  the  Sheriff  or  other  Colledor, 
after  the  Tenth  Day  of  February^  Yearly,  to  d'ftrain  the  Goods  and  Chattels  of 
the  Perfon  or  Perfons  fo  negledling  or  refufing,  and  to  fell  and  difpofe  thereof,  at 
Public  Vandue,  for  the  Money,  Tobacco,  drcfl  Deer-Skins,  Tallov;,    or  Bees- 
Wax,  or  any  of  them,  after  having  given  Notice  Ten  Days  before  fuch  Sale  ;  and 
the  Overplus,  if  any,  after  paying  the  faid  Levies  and  Dues,  and  the  Charges  of 
Diflrcfs,  (which  is  hereby  declared  to  be  the  fame  as  for  ferving  an  Execution,) 
ihall  be  returned  to  the  Debtor. 

hSo**^^"'*      XIII.  AN D  be  ft  further  Ena^ed,  by  the  Authority  aforefaid^  That  the  Sherifs 
fpt;<ft"rNnLto  o*"  other  Collectors  of  the  faid  Levies,  fhall,  in  one  Month  after  the  colledling  and 
^o^n^d'*^""'  "P-  receiving  fuch  Levies  and  Taxes,  pay  the  Infpe6tors  Notes  they  fhall  have  re- 
thcm',  deducing  ceived  in  Satisfaftion  thereof,  after  dedu6ling  Three  per  Cent,  for  collecting,  to 
ifer  Cent.         xht  Perfons  appointed  to  receive  the  fame  •,  to  wit,  the  Notes  received  for  the 
Parifh  and  County  Taxes,  to  the  Perfons  appointed  and  impowered  in  the  feveral 
Counties  and  Parifhes  to  receive  the  fame,  who  Ihall  transfer  the  faid  Notes  to 
any  Perfon  having  any  Demand  in  the  Parifh  or  County  ;  and  the  Infpectors  Notes 
be  paid  ^to"the  received  for  Difcharge  of  the  Public  Taxes,  fhall  be  paid  in  Manner  following ; 
Treafureri,         that  is  to  fay,  the  Sheriff  of  Craven,  Carteret,  Onflow,  New-Hanover,  and  Bladen 
Counties,  fhall  pay  all  the  Infpectors  Notes  by  them  received,  and  account  with 
Edward  Mofeley,  Efq-,  Public  Treafurer  for  the  faid  Counties :  And  the  Sherifs  of 
Chowan,  Pequimons,   Pafquotank,   Currituck,  Bertie,  Edgcomb,    I'yrell,  Beaufort^ 
and  Hyde  Counties,  fhall  pay  all  the  Infpectors  Notes  by  them  or  any  of  them  re- 
ceived, in  Difcharge  of  fuch  Levies,  and  account  with  John  Hodgfon,  Efq;  Pub- 
lic Treafurer  for  fuch  Counties ;  V/hich  faid  Treafurers  are  hereby  impowered  and 
directed,  to  transfer  fuch  Notes  to  any  Perfon  who  have  any  Claim  or  Demand  on 
the  Public,  for  any  Money  payable  out  of  fuch  Tax  or  Levies. 

XIV.  AND  whereas  a  Public  Tax,  for  fupporting  the  contingent  Charges  of 
this  Government,  is  laid,  at  Five  Shillings  -per  Poll,  current  Bill  Money  of  this 
Province  •,  to  prevent  Confufion  in  the  Receipt  of  the  fame,  by  Virtue  of  this  Act, 

V'j!m\,y^      '^y-  ^^  it  Enacted,  by  the  Authority  aforefaid.  That  Eight  Pence,  Procla- 
mation Money,  fhali  be  deemed  equal  to  the  faid  Five  Shillings,  and  to  be  paid 
in  Commodities,  according  to  the  Intent  of  this  Act  j  and  all  Parifh  and  County- 
Taxes, 


L  A   JV  S     c/"    North-Carolina.  123 

Taxes,  and  ail  otht-r  1  axes,  laid  in  Bills,  fhall  be  paid  and  clifchargcd  in  Com-    /Vf^.!^ 
modities,  as  herein  rated  in  Proclamation  Money,  Regard  being  had  to  the  bif-  -^^^^^  ^,  t.  paid 
ference  of  Proclamation  Money  and  Bills,  in  Value.  ">  commodiuea. 

XVI.  AND  be  it  further  EnoMed^  by  the  Authority  aforefaid.  That  for  every  infpeftor  to  ai. 
Hogfhead  of  Tobacco  brought  to  any  V/arehoufe  in  good  Calk,  of  the  Dimcn-  ^^0^16.'' 
fions  of  Forty  Eight  Inches  in  Length,  and  Thirty  Two  Inches  in  Width,  at  the 

Heads,  and  containing,  at  leaft.  Seven  Hundred  Weight  of  Tobacco,  there  fhall   • 

be  allowed,  by  the  Inlpedor,  to  the  Perfon  bringing  the  fame.  Thirty  Pounds  of 

Tobacco  for  the  Cafk ;  and  alfo,  there  Ihall  be  allowed  to  the  Infpecitor,  by  the  infpeftor  to  be 

Perfon  taking  the  lame  away.  Two  Pounds  of  Tobacco  for  every  Hundred  fo  S^foiShr-ftk'' 

paid  away,  and  fo  in  Proportion  for  a  greater  or  lelfer  Quantity,  for  Shrinkage  age. 

and  wafting  of  the  faid  Tobacco,  to  be  paid  at  any  Time  within  Two  Months 

after  the  Date  of  the  Note  given  for  the  fame  j  and  One  Pound  per  Hundred  for 

every  Month  after  the  fame  fhall  be  unpaid  after  the  faid  Two  Months,  and  no 

more,  fo  as  the  whole  doth  not  exceed  Six  Pounds  for  every  Hundred. 

XVII.  AND  for  the  better  enabling  the  Infpedors  to  deliver  out  Promifory 
Notes,  and  to  take  Care  of  the  Commodities  to  be  brought  to  the  W  arehoufe.  Be 

it  further  Enamd^  by  the  Authority  aforefaid^  That  the  xnfpedors  Ihall  be  allow-  ;;;J^fXj°„t! 
ed  all  reafonable  Charges  for- providing  printed  Notes,  and  alfo  for  finding  Cafk,  cd  Notes,  &c. 
Nails,  and  other  Materials,  for  packing,  prizing,  and  prcfcrving  fuch  of  the  Com- 
modities as  require  it  j  to  be  paid  to  them  as  hereafter  mentioned. 

XVIII.  AND  he  it  further  EnaEled,  by  the  Authority  aforefaid.  That  if  any  J^f^o^aiv"; 
Infpedor  fhail  neglect  or  refufe  to  deliver,  to  any  Perfon  requiring  the  fame,  any  commodities,  to 
of  the  Commodities  for  which  he  hath  given  his  Note,  he  lliall  forfeit  and  pay,  vJue.'^""'''*  ^^' 
for  every  fuch  Offence,  to  the  Party  grieved,  double  the  Value  of  the  Commodi- 
ties demanded  by  fuch  Note  or  Notes  j  to  be  recovered  by  a  Warrant  from  1  wo 

Juitices  of  the  Peace  of  the  faid  County  where  fuch  Perfon  is  Infpector,  who  are 
hereby  authorized  to  hear  and  determine  the  fame,  and  caufe  Execution  to  be 
made.  -  ^ 

XIX.  V  RO  VIDE  D  always.  That  fuch  Perfon  or  Perfon  s  who  is  or  are  owners  to  take 
poflelTed  of  any  Notes,  or  who  fliall  have  any  Demands  on  the  l  ublic,  to  be  paid  ""^^^^ ^^f^^p.i 
by  the  faid  Notes,  Ihall  take  away  all  and  fmgular  the  Goods  fpecified  in  any  Note  1,  "r  to  i.e  at 
or  Notes,  on  or  before  the  Firft  Day  of  Afnl,  in  every  Year  j  or  if  fuch  Goods  '**'"  °'^"  ^'^* 
remain  in  the  VS^arehoufe  after  that  Time,  it  Ihall  be  at  the  Rifque  of  the  Perfon 

or  Pcrfons  intituled  to  the  fame,  by  Virtue  of  fuch  Notes,  or  who  have  any  De- 
mands on  the  Public,  payable  out  of  fuch  Taxes. 

XX.  P  ROVID  ED  alfo.  That  the  Public  Treafurers  may,  at  any  Time  be-  PuuicTreafurers 
fore,  difpofe  of  any  of  the  Commodities  paid  in  as  aforefaid,  for  the  r ublic  Tax,  q^^^II^^^^^"[^ 
for  Money,  at  the  Rates  herein  before  mentioned  •,  and  all  Commodities  remain    anTrlme.' 
ing  in  any  of  the  aforefaid  Warehoufes  after  the  Firft  Day  of  April,  and  after  pay- 
ing all  Charges  and  Demands  on  the  Public,  payable  out  of  the  faid  Tax,  the 

faid  Treafurers  may  difpofe  of  the  fame,  at  Vandue,  to  the  higheft  Bidder,  firft 
giving  I'en  Days  Notice  of  fuch  fale. 

XXI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Juf-  juftices  to  ap. 
tices  of  each  County,  at  the  Court  to  be  holden  for  each  County  next  after  the  p;;!;;^^"^';^;,^,; 
Ratification  of  this  Act,  fhall  appoint  one  Infpector  for  each  Warehoufe  in  each  them  for  their 
County;  which  Infpector  fhall  receive  all  the  Commodities  tendered  to  him  in  nahyo/sT.'''" 
Difcharge  of  the  Tax  or  Levy  impoied  by  this  Act,  and  account  with  the  Com- 
mifTioners  and  Treafurers  herein  beix)re  named  for  the  fame,  and  fhall  always  re- 
ceive the  Commodities  paid  in  Difcharge  of  the  other  Levies  and  Taxes,  according 

to 


1 24  LAWS    o/*    North-Carolina. 


W.   D      1740. 


_^^         ^  to  the  true  Int^^nt  and  Meaning  of  this  Act,  and  fhall  agree  with  fuch  Infpedors 

""""^'^^r  '  for  their  Salary  j  and  if  the  Juftices  refufe  or  negled  fo  to  do,  each  Juftice  fo  neg- 
leding  or  retufmg,  fhall  forfeit  and  pay,  to  his  Majefty,  Five  Pounds,  Proclama- 
tion Money,  to  be  applied,  by  the  Governor  or  Commander  in  Chief,  towards 
Payment  of  the  Salary  of  the  Infped-or  of  that  County,  which  (hall  be  afterwards 
appointed  by  the  Governor  •,  to  be  recovered,  by  any  Perfon  who  fhall  fue  for 
the  fame,  in  any  Court  of  Record  in  this  Province,  by  Action  of  Debt,  Bill^ 
Plaint,  or  Information  i  wherein  no  ElToign,  Protection,  or  Wager  of  Law,  fhall 
be  allowed. 

K''not^xc*Jd'      XXII.  AND  he  h  further  EmEfedy  hy  the  Authority  aforefaid.  That  the  Juflices 

fng  is.  to  bu.id  of  each  County,  at  the  Court  next  after  the  Ratification  of  this  Aft,  and  fo  Year- 

Warehoufes,(2ff.  jy^  ff^^n  j^^y^  Powcr  to  employ  Perfons  to  build  Warehoufes,  or  make  Additions 

or  Repairs  to  thofe  already  built,  and  fhall  provide  Weights,  Scales,  and  other 

Kecefiarits,  and  pay  the  Infpeftors  y  and  to  defray  the  Expences  thereof,  fhall  and 

friay  lay  a  Levy,  Yearly,  on  ev^ry  tithable  Perfon,  not  exceeding  One  Shilling, 

Proclamation  Money,  pr  Tithable,  to  be  paid  and  collefted  by  the  Sheriff,  in 

Manner  as  all  other  Levies  are,  excepting  the  Levy  laid  by  this  Aft,  for  which  the 

i}ieriffaiiowe,3  3  Sheriff  fhall  be  only  allowed  Three  ^^r  Cent,  for  collecting:  And  the  faid  Juflices 

feams'"  ^'^°'  ^^^  hereby  impowcred  to  turnout  any  Infpector  or  Infpectors,  on  Complaint, 

Juices  to  turn  and  Proof  of  Mifbehaviour  in  his  or  their  Oihces,  and  to  appoint  others  in  his  or 

Infpefinr  to  take  XXIII.  A  N  D  he  it  further  Enacted,  hy  the  Authority  aforefaidy  That  every 
Securit*''  anVa't!  ^^^^°"  ^^°  ^^^^  ^^  appointed  Infpector,  fhall,  before  he  enters  upon  the  Execu- 
tendattheWare.  tion  of  his  OfHce,  take  the  following  Oath,  wz.  That  he  will  carefully  view  and 
keuib.   '  examine  all  Commodities  brought  to  the  Warehoufe  whereof  he  is  Infptftor,  and, 

to  the  befl  of  his  Skill  and  Judgment,  not  receive  any  Commodity  in  this  Aft 
mentioned,  th^t  is  not  found,,  well-conditiond,  and,  in  his  Judgment,  merchan- 
table, and  faithfully  difchargethe  Duty  of  his  Office,  without  Favour  or  AfFtfti- 
on  i  and  fhall  alfo  enter  into  Bond,  with  good  Securities,  in  the  Penalty  of  Five 
Hundred  Pounds,  Proclamation  Money,  payable  to  his  Majefly,  with  Condition, 
for  the  true  and  faithful  Performance  of  his  faid  Office  and  Trufl  ;  and  fhall  con- 
ftantly  attend  at  the  Warehoufe  under  his  Charge,  at  the  Times  in  this  Aft  men- 
tioned. 

fonT'lbrln  ^'"'  XXIV.  ANT>  he  it  further  EnaHed,  hy  the  Authority  afore  faid.  That  if  any 
fpcftoK  n'ous?'  Perfon  or  Perfons  fhall  forge  or  counterfeit  any  Infpeftors  Note,  or  tender  in  Pay- 
ment any  fuch  forged  or  counterfeit  Note,  or  demand  any  Commodity  of  any  In- 
fpeftor  upon  any  fuch  forged  or  counterfeit  Note,  knowing  the  fame  to  be  fo, 
he  fhall  be  fined  Fifty  Pounds,  Proclamation  Money,  ftand  one  Hour  in  the  Pil- 
lory, with  his  Ears  nailed  thereto,  and  cut  off. 

AxcyentsfcyFir*       XXV.  A  N  D  he  it  further  EnaBed,  hy  the  Authority  afcrefaid.  That  if  any 

hy  the'Affembiy'!   Warehoufc,  or  any  Houfe  wherein  any  Commodities  are  lodged,  payable  by  this 

Aft,  fliall  accidentally  be  burnt,  the  Lofs  fuflained  thereby  fhall  be  made  good  and 

repaired  by  the  General  AfTembly,  at  the  next  Seflions  after  fuch  Lofs,  at  the 

Charge  of  the  Public. 

XXVI.  A  N  D  to  enable  the  Inhabitants  of  this  Province  to  pay  Fines  and 

Forfeitures,  and  to  reUeve  Debtors,  as  to  the  Imprifonment  of  their  Perfons  -,  Be 

Tint*,  Forfei.    it  EnaSfed,  hy  the  Authority  afcrefaid.  That  every  Perfon  who  fhall  be  liable  to 

iSrin'^in?'  P^y  Fine  and  Forfeiture,  or  Debts,  due  by  Judgment,  or  againft  whom  Execu- 

ij>eao«  Notes,    tion  fhall  ifTue,  for  any  Debt  or  Debts  hereafter  to  be  contrafted,  only  fhall  and 

may  carry  any  of  the  Commodities  in  this  Aft  mentioned  to  a  Public  Warehoufe, 

in  the  County  where  fuch  Debtor  has  contrafted  fuch  Debt,  which  fhall,  by  Vir- 

'         '        ^  tue 


L  ji   W  S    of    North-Carolina.  125 


tue  of  tliis  Ad,  be  built  or  hired,  and  thelnlpector  Ihall  infpect  the  fame,  in  the  ^-  •°-  '74o- 
Manner  by  this  Act  directed,  and  if  good,  fhall  depofite  the  fame  in  the  Ware-  '~^~^~"~^ 
houfe,  and  fhall  give  fuch  Perfon  a  transferable  Note,  in  the  Manner  directed  to 
be  given  by  this  Act,  on  the  Receipt  of  Commodities  for  Public  Levies  -,  which 
Notes  the  I'crfons  inrituled  to  have  and  receive  fuch  Fines  and  Forfeitures,  or  Per- 
fons  to  whom  Monies  are  due,  on  fuch  Judgments,  or  from  Perfons  being  in  Ex- 
ecution, as  aforefaid,  lliall  accept,  at  the  Rate  the  Commodities  mentioned  in 
fuch  Njte  are  valued  at  by  this  Ad: ;  and  fuch  Note  tendered  fhall  be  deemed  a 
fuEcient  Payment  of  fuch  Fine  and  Forfeiture,  Judgment  and  Execution,  as 
aforefdid,  as  if  made  in  Proclamation  Money,  Regard  being  had  to  the  Exchange 
bL='tween  Proclamation  Money,  and  the  Money  to  be  paid  by  fuch  Perfon  who 
tenders  fuch  Note  ;  provided  fuch  Note  be  tendered  within  the  Time  fuch  Com- 
modities are  by  this  Ad  to  remain  in  the  Public  Warehoufes, 

'  XXVII.  PROVIDED  always^  That  nothing  in  this  Ad  fhall  extend  to  ^Jl)i  l\^^i 
intitle  Officers  to  take  higher  Fees  than  heretofore,  but  the  fame  fhall  be  taken  at    ^ '     '  '^"^ ' 
the  Rate  of  Four  for  One,  in  Bills,  from  the  Table  of  Fees,  when  paid  in  Bills, 
or  may  be  paid  in  Commodities  by  Infpedors  Notes,  as  rated  in  this  Ad,  in  Bills, 
as  Four  bares  in  Proportion  to  Seven  and  a  Half,  until  the  fame  Ihall  be  further 
regulated  by  an  Ad  of  AfTembly. 

XXVIII.  PROVIDED  alfo.  That  nothing  in  this  Ad  fhall  extend  to  efFed 
the  Loan  Money ;  but  the  fame  fhall  remain  as  before  the  pafTmg  of  this  Ad. 

S  I  G  N  E  D  by 

Gabriel  Johnston,  Efq;  Governor. 

William  Smithy  Prefident, 

John  Hodgson,  Speaker. 


■5?    "S^    -^    <j>r    -^    -^ 

~^ 


■%    -is    -^ 

WW 


^ 


J  1      ^  Annp 


LAWS    of    North-Carolina. 


127 


A.  D.    li+i. 


*i»SJ 


Anno  Regni 

G  E  O  R  G  I  I    II 

Regis,    MagUiB  Britannia,  Francicey  &: 
Hihernice,  Decimo  Quinto, 


At  a  General  A  SS  E  MBL  Y,  held  ^tEdenton^   the  Fourth  CABRiEt 
Day  of  .-dpril,  in   the  Year  of   our  Lord  One  Thoufitnd  ^"^J  Govern'^or, 
Seven  Hundred  and  Forty  One. 


may 
Pcrfons, 


CHAP.     I. 

Aft  A£fj  concerning  Marriages. 

I.  "O  O  R  preventing  clandtftine  and  unlawful  Marriages,  We  pray  that  it  may  Miniflcr, 
X/  be  Enaded,  And  be  it  Ena^ted^  by  his  Excellency  Gabriel  Johnfton,  £/^;  ^l^u{'ii^ 
Coverncr^  by  and  with  the  Advice  and  Confent  of  his  Majefifs  Council^  and  the 
Generd  Affembly  of  this  Province^  and  it  ts  hereby  Enabled^  by  the  Authority  cf  the 
-fame.  That  every  Clergyman  of  the  Church  of  England,  or  for  want  of  f\Mh,  any 
lawful  Magiftrate,  witain  this  Government,  fhall,  and  they  are  hereby  mrefted, 
to  join  together  in  the  Holy  E,fl:ate  of  Matrimony,  fuch  Perfons  who  may  lawfully 
enter  into  fuch  a  Relation,  and  have  complied  with  the  Diredions  herein  after 
contained. 

II.  AND  be  it  further  Enactedy  by  the  Authority  aforefaidy  That  no  Juftice  No  juftic*  to 
of  the  Peace  of  any  County  in  this  Government,  fhall  join  together  in  Marriage,  M-'.iLnl'in  the 
any  Perfons  whofoever  in  any  Parifh  where  a  Minifter  Ihali  refide  and  have  a  ^"''<^'  °^  *'=»• 
Cure,  without  PermifTion  firlt  had  and  obtained  from  fuch  Minifter ;  under  the  "^  ^  '* 
Penalty  of  Five  Pounds  Proclamation  Money,  to  the  Ufe  of  the  Minifter. 

III.  AND  be  it  further  Enacted,  by  the  Authority,  aforefaid.  That  no  Minifter  No  Minifter  or 
or  Minifters,  Juftice  or  Juftices  of  the  Peace,  within  any  of  the  Parilhes  of  this  K"  t'Li^nfei; 
Government,  Ihall  celebrate  the  Rites  of  Matrimony  between  any  Perfons,  or  °'  Publication  of 
join  them  together  as  Man  and  Wife,  wirliout  Licenfe  firft  had  and  obtained  for  orso'i.""  ^'"' 
that  Purpofe,  according  to  the  Directions  of  this  Ad,  or  Thrice  Publication  of 

the  Banns,  as  prefcribed  by  the  Rubrick  in  the  Book  of  Common-Prayer :  And 

if 


128  L  A  W  S    cf    North-Carolina. 


A.  D.    1741. 


if  any  Minifter  or  Miniiters,  Juftice  or  Juftices  of  the  Peace,  fliall,  contrary  to 
the  true  Intent  and  Meaning  ot  this  Aft,  celebrate  the  Rites  of  Matrimony  be- 
tween any  Perfons,  or  otherwife  join  them  in  Marriage,  he  or  they  fo  offending, 
lliall  forfeit  and  pay  the  Sum  of  Fifty  Pounds,  Proclamation  Money  ;  to  be  re- 
Minifter  going  Covcrcd  and  applied  as  herein  after  is  directed  :  And  if  any  Minifter  Ihall  go  out 
vcrnmen?'  ^nd  ^^  ^"^^^  Govcmment,  and  there,  contrary  to  the  true  Intent  and  Meaning  of  this 
^""S Perfons  Ad,  joln  togcthcr  in  Matrimony  any  Perfon  or  Perfons  belonging  to  "this  Go- 
of  this  Govern    vemmcnt,  without  fuch  Licenfe,  or  Publication  of  Banns,  as  is  herein  crefcribed 

ment,     without  i\ /r-    -n.         r         or      j-  c\     m   •  t        /-  -^j    "o  10  ncicui  piciLiiucu, 

Licenfe,  or B.nns  cvcry  Miniiter  lo  ottencling,  Ihall  mcur  the  fame  Penalties  and  Forfeitures    as  if 
pubiiflied  toincur  j-j^g  j-^^ie  had  becfl  done  in  this  Government.  ^ 

the  lame  Penalty. 

Sifpiii?.^t: ,  .7vr  ^  ^^^■^  ^  S  ^^!f^^ v'l^'  'f-^'"''^''  ^"^^'^'  ^y  '^'  "^^^^^'^'y  ^f^''- 

Banns,  and  give  fi^<^^  That  wherc  any  Parilh  or  Parifhes  have  not  a  Minifter,  it  fliall  and  may  be 
Certificate.  Jawful  for  the  Clerk  or  Reader  which  fhall  be  appointed  by  the  Veftry  of  the  faid 
Parifh,  to  publifh  the  Banns  between  any  Perfons  deliring  the  fame,  and  if  no  Ob- 
jection be  made,  to  grant  a  Certificate  thereof;  and  fuch  Certificate  {hall  be  fuffi- 
cient  for  any  Minifter  or  Juftice  of  the  Peace,  to  folemnize  the  Rites  of  Matri- 
mony between  che  Parties  fo  publiflied. 

f  V^c  fr'  '  ^'  ^^-^  ^^  ^'^  further  Ena£fed,  by  the  Authority  aforejaid.  That  if  any  Mi- 
to  fuffc7"as"7n  ni^cr.  Clerk,  or  Reader,  fhall  grant  a  falfe  Certificate,  he  or  they  fo  offending, 
Gafeof  For^ry.  fhall  be  liable  to  fuch  Punifliment  as  in  Cafe  of  Forgery  at  Common  Law  •,  and 

all  fuch  Offences  ftiall  be  profecuted,  tryed,  and  determined,  in  the  General  Court 

of  this  Province. 

Proceedings  to  be  Vl  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  all  Li-cenfes 
rMarrfagf  t!  ^^^  Marriages  fliall  be  iffued  by  the  Clerk  of  the  Court  of  that  County  where  the 
cenfe.  Feme  fliall  have  her  ufual  Refidence,  and  by  him  only,  and  in  fuch  Manner,  and 

under  fuch  Rules  and  Direftions,  as  are  herein  after  provided  -,  that  is  to  fay,  He 
fliall  take  Bond,  to  our  Sovereign  Lord  the  King,  his  Heirs  and  Succeffors,  with 
good  Sureties,  in  the  Penalty  of  Fifty  Pounds,  Proclamation  Money,  under  Con- 
•  dition,  That  there  is  no  lawful  Caufe  to  obftrud  the  Marriage  for  which  the  Li- 
cenfe fliall  be  defired  :  And  if  either  of  the  Perfons  intended  to  be  married  fliall  be 
under  the  Age  of  Twenty  One  Years,  and  not  theretofore  married,  the  Confenc 
of  the  Parent  or  Guardian  fliall  be  perfonally  given  before  the  faid  Clerk,  or  fig- 
nified  under  the  Hand  and  Seal  of  the  faid  Parent  or  Guardian,  and  attefted  by 
Two  WitneflTes ;  all  which  being  done,  the  Clerk  fliall  write  the  Licenfe,  and 
fliall  certify  fpecially  the  faid  Bond  :  And  if  the  Perfons  in  the  Licenfe,  or  either 
of  th«,  be  under  the  Age  of  Twenty  One  Years,  he  fliall  alfo  certify  the  Coa- 
fent  oT  the  Parent  or  Guardian  of  fuch  Perfon  fo  under  Age,  and  the  Manner 
thereof,  to  the  firft  Juftice  in  Commiflion  of  the  Peace  for  that  County,  or  to 
fuch  other  Perfon  as  fliall  be  thereto  commifljonated  by  the  Governor  or  Com- 
mander in  Chief  for  the  Time  being  ;  which  Premifes  being  performed,  the  Juf- 
tice of  the  Peace  or  other  Perfon  commiflioned  as  aforcfaid,  is  hereby  authorized, 
impowercd,  and  required,  to  fign  and  dired  the  faid  Licenfe ;  and  a  Licenfe  fo 
obtained  and  figned,  and  no  other  whatloever,  is  declared  to  be  a  lawful  Licenfe, 
according  to  the  true  Intent  and  Meaning  of  this  Aft  :  And  if  any  County  Court 
Clerk  fliall,  in  any  Manner,  iffue  any  Licenfe  of  Marriage,  or,  contrary  to  this 
Ad,  make  Certificate  of  any  Licenfe  of  Marriage ;  and  if  any  Perfon  whatfo- 
ever  fliall  fign  or  direft  a  Licenfe  in  any  other  Manner  than  is  by  this  Aft  per- 
mitted and  allowed ;  all  and  every  Perfon  or  Perfons  fo  offending,  fhall  forfeit  and 
pay  the  Sum  of  Fifty  Pounds,  Proclamation  Money  ;  to  be  recovered  aiid  applied 
as  herein  after  is  direded. 

SJr'^^^ittMr'     J^^-  ^^-^  ^^  '^  Z"''^^^'"  Enacted,  hy  the  Authority  aforcfaid.  That  if  any  MI- 
pubiifliing  Bann»  niftcr  or  Reader  fhall  willingly  pwblifli,  or  caufe  or  fuffer  to  be  publiflied,  the 

Bani^s 


LAWS    (?/'North-Carolina.  129 

Banns  of  Matrimony  between  any  Servants,  or  between  a  free  Perfon  and  a  Ser-    ^  ^ll^\ 
vant  i  or  if  any  Minifter  or  Juftice  of  the  I'eace  Iball  wittingly  Celebrate  the  Rites  be^Tl^TXi^^ 
of  Matrimony  between  any  fuch,  without  a  Certificate  from  the  Mafter  or  Mif-  wuhoui  M.ifter"t 
trefs  of  every  fuch  Servant,  that  it  is  done  by  their  Confcnt ;  lie  fhall  forleit  and  51^"'  *"  "*'^ 
pay  Five  Pounds,    Proclamation  Monty,    to  the  Ufe  of  the  Matter  or  Owner 
of  fuch  Servant ;  to  be  recovered  by  Action  of  Debt,  Bill,  Plaint,  or  Informa- 
tion :  And  every  Servant  fo  married,  without  the  Confent  of  his  or  her  Mailer  or  Servant  m:.mine 
Miftrefs,  Ihal],  for  his  or  hsr  faid  Offence,  ferve  his  or  her  faid  Maftcr  or  Mif-  Tofcrv^ei  vra? 
trefs,    their  Executors,  Adminiftrators,   or  Affigns,  One  whole  Year,    after  thq 
Time  of  Service  by  Indenture  or  Cullom  is  expired. 

VIII.  A  N  I)  be  it  further  Ena5fedy  by  the  Authority  aforefaidy  That  the  Clerk  cirk  to  account 
of  each  County,  Annually,  at  or  before  the  Twenty  Fifth  Day  of  March,  ihall  fend  2'^^  ',t^M«I 
or  deliver  to  the  Governor  or  Commander  in  Chief  for  the  Time  being,  an  exadt  ruge  L.cenfsa. 
Account  of  the  Marriage  Licences  ifiued  by  him  -,  and  each  Clerk  failing  herein, 

(hall  forfeit  and  pay  the  Sum  of  Five  Pounds,  Prockmation  Money ;  to  be  levied 
and  applied  as  herein  after  is  directed. 

IX.  AND  be  it  further  Ena5ledy  by  the  Authority  afcrefaldy  That  the  Fees  Fees. 
upon  the  faid  Marriages,  fhall  be  as  followeth  j  that  is  to  fay, 

TO  the  Governor  or  Commander  in  Chief  for  the  Time  being,  for  each  Li- 
cence of  Marriage,  Twenty  Shillings,  proclamation  Money. 

TO  the  Clerk  of  the  County  Court,  for  ifTuing  the  fame,  and  taking  the  Bond, 
Five  Shillings,  of  the  like  Money. 

TO  the  Minifter,  for  marrying,  if  by  Licence,  Ten  Shillings,  if  by  BannSg 
Five  Shillings,  of  the  like  Money. 

T  O  the  Juftice  of  the  Peace,  for  marrying.  Five  Shillings. 

T  O  the  Minifter  or  Reader,  for  publifhing  the  Banns,  and  granting  Certificate, 
One  Shilling  and  Six  Pence,  of  the  fame  Money. 

X.  A  N D  be  it  further  EnaSledy  by  the  Autority  aforefaidy  That  if  any  Mi-  fj"'^"  °^  J"!"; 
•  nifter  or  Juftice  of  the  Peace  of  any  County  or  Parifh  where  a  Clergyman  doth  m"ty  V"r  bwiui 

not  refide,  fhall  refufc  to  celebrate  the  Rites  oi  Matrimony,  for  the  Fees  herein  ||"\'^"„|^'|o',' 

fet  down  and  allowed,  or  fhall  demand  or  receive,  for  marrying,  either  by  them-  ifbyB^nnsVJu 

felves,  or  by  any  other  Perfoh  for  them,  any  larger  Fees  than  before  mentioned 

to  be  allowed  to  the  Minifter  or  Juftice  of  the  Peace,  he  fhall  forfeit  and  pay,  for 

every  fuch  Offence,  that  is  to  fay,  if  the  Marriage  was  to  have  been  by  Licence, 

Ten  Pounds,  or  if  by  Banns,  Five  Pounds,  Proclamation  Money  \  One  Moiety 

of  all  the  Fines  and  Forfeitures  in  this  Ad:  before  mentioned  and  not  particularly 

appropriatf  d,  to  be  paid  to  the  Churchwardens  of  the  Parifh  for  the  1  ime  being, 

for  the  Ufc  of  the  Parifh  where  the  Offence  fhall  be  committed,  the  other  Moiety 

to  him  or  them  that  will  inform  or  fue  for  the  famej  to  be  recovered,  withCofts, 

by  Adion  of  Debt,  Bill,  Plaint,  or  Information. 

^  XI.  AND  be  it  further  Enact  edy  by  the  Authority  aforefaid.  That  if  the  Mir  J*^"'f7 ," '*^*; 
nifter  or  Reader  of  any  Parifti  within  this  Government,  fhall  refufe  to  publifh  and  %\  mB.nns f" 
certify  the  Banns,  for  the  Fees  herein  fet  down,  and  allowed  him  ior  the  fame^  'r'"lhrpar  " 
he  fliall,  for.  every  fuch  Offence,  forfeit  and  pay,  to  the  Party  grieved.  Ten  gnevcd  \oC^ 
Pounds,  Proclamation  Money  j  tQ  be  recovered  as  before  mentioned. 

IC  k  ,     XIL  PRQ^ 


230  L  A  fV  S    0/    North-Carolina. 

J;j7~.y;;."^  XII.  provided  always.  That  the  Minifter  ferving  the  Cure  of  any  Pa- 
p.ir.fli  to  hive  the  rifii,  fliall  havc  the  Benefit  of  the  Fee  for  Marriages  in  the  faid  Farifh,  if  he  do 
foc'r'/fufc  ihl''  ^'^  negiedl  or  refufe  to  do  the  Service  thereof,  akho'  any  other  Perfon  peribrm- 
another  be  cm-  cd  the  ivlarriage  Ceremony. 

ployedi 

XIII.  A  N  D  for  Prevention  of  that  abominable  Mixture  and  fpurious  IfTue, 
which  hereattcr  may  increafe  in  this  Government,  by  white  Men  and  Women  in- 
termarrying with  Indians,  Negroes,  Muftees,  or  Mulattoes ;  Be  it  Enabled,  by 
White  Parfous  ^^^  Authority  aforefaid,  I'hat  if  any  white  Man  or  Woman,  being  free,  fhall  in- 
intermatryng  t' rmarry  with  an /Wz'^;/,  Negro,  Muftee,  or  Mulatto  Man  or  Woman,  or  2^^ 
Iff''  t^'^^fo'fc'it  Perfon  of  mixt  Blood,  to  the  Ihird  Generation,  bond  or  free,  he  fhall,  by  Judg- 
joi,  ment  of  the  County  Court,  forfeit  and  pay  the  Sum  of  Fifty  Pounds,  Proclama- 

tion Money,  to  the  life  of  the  Parilh. 

Mimftef  flr  jiif.       XIV.  AND  be  it  further  Ena Bed,  by  the  Authority  nforefaid.  That  no.  Minif* 

flirrry^,nr'v"hL  ter  of  the  Church  of  £?7^/^W,  or  other  Minifter,  or  Juftice  of  the  Peace,  or  other 

p.-rfnns  to  Ne.  Perfon  whatfotv.r  within  this  Government,  fhall  hereafter  prefume  to  marry  a 

Cfcit  %'i    '°  white  Man  with  an  Indian,  Negro,  Muftee,  or  Mulatto  Woman,  or  any  Ptrfon 

of  mixt  Blood,  as  aforcfaid,  knowing  them  to  be  fo,  upon  Pain  of  forfeiting  and 

pjying,  for  every  fuch  OfFuice,  the  iiwm  of  Fifty  Pounds,  Proclamation  Money ; 

to  be  apphed  as  aforcfaid. 

_Ai!rinf«excMd.  XV.  A  N D  be  it  further  Ena£fed,  by  the  Authority  aforefaid.  That  the  fevQral 
n.  t*-^  he  t?yJd  Fine.s  and  Forfeitures  in  this  Aft,  which  exceed  the  Sum  of  Twenty  Six  Pounds 
jnth.G.  c.uu,  Thirteen  Shillings  and  Four  Fence,  Proclamation  Money,  fliall  be  heard,  tryed, 

and  determined,  in  the  General  Court  of  this  Province  ;  and  all  under  the  afore- 
Coumyc'u"t!'''  friiclSum,  fhall  be  heard,  tryed,  and  determined,  in  the  Court  of  the  County  where 

the  Offence  fhall  be  committed. 

KepeaiingCbafe.  XVI.  AND  be  if  further  EnaEted,  hy  the  Authority  aforefaid.  That  all  and 
every  Ad:  and  A6ts,  and  every  Claufe  and  Article  thereof,  heretofore  made,  fo 
far  as  relates  to  any  Matter  or  Thing  whatfoever  within  the  Purview  of  this  Ad, 
is  and  are  hereby  repealed  and  made  void,  to  all  Intents  and  Purpofes,  as  if  the' 
fame  had  never  been  made. 


CHAP.     II. 

An  AB,  to  impower  the  fever alCommiJfioners  herein  named ^  to  make,  men{fj 
and  alter  the  feveral  Highways,  Roads,  and  Bridges.^  and  to  clear  and 
clean fe  Creeks  and  Water-Cowjes  j  and  alfo,  to  cut  fuch  Cuts  as  they  floall 
think  convenient,  in  the  feveral  Coii?ities  herein  after  named.  "^  E  X  P, 


CHAP.    III. 

An  AB,  to  give  further  Tfime  for  colleBing  the  Aid  granted  to  his  Mam 
jefty,  for  Subfifance  of  the  Forces  raifed  in  this  Frovi?2ce  ;  and  for  the 
better  colleBing  Taxes  and  Levies,  and  to  direB  the  Method  of  accowit" 
ing  for  the  fame ^  and  other  Public  Monies 'herein  mentioned,     O  B  S. 

CHAP* 


LAWS    o/'    North-Carolina,  13? 

piiMi    iM   .1,^ ,»■   I  II  ■    ■  II  ■■WF^a-i      ■  I     II..  II       II      ■       ■    .1  <    I I       III       ■  I   ■     I     ■    ,  ..wi,.—  I    n       .    ,1        I  ,1    ,1    1,^    -,.  imwm_ 

A.  D.    174X- 

C  H  A  p.     IV.  ""^ ' 

Afi  ^^j  ^<^  w^^^  and  confirm  that  Fart  of  the  main  Road  leading  from 
Bennet'^  Creek  Bjidge^  to  Virginia,  joining  to  Mr.  Henry  Baker'j,  in 
Chowan  Cou7ity\  altered^  for  the  Convent C7!cy  of  the  Public^  by  the  ad- 
jacent Inhabitants t  to  be  the  Main  and  Public  Road. 

I.  TTTHEREAS  that  Part  of  the  main  Road  joining  to  Henry  Baker's.y  as  Preamble, 

Y  Y  formerly  laid  out  and  ufed,  is  very  hilly,  bad,  troublcfome,  and  in- 
convenient for  Carts  and  Carriages,  and  the  Inhabitants  adjacent  to,  and  obliged 
to  work  on  that  Part  of  the  Road,  have  agreed  together  and  altered  and  turned 
the  faid  Road,  and  made  it  much  Hiorter,  better,  and  more  convenient  for  Car- 
riages and  Paffengers ;  and  the  Hiid  Inhabitants,  by  their  Petition,  having  prayed 
that  fuch  Part  of  the  Road  fo  altered  and  made  by  them  as  aforcfaid,  may  be  con- 
firmed and  deemed  the  Public  Road  : 

II.  W  E  pray  that  it  may  be  Enaded,  And  be  it  Enable d^  by  his  Excellency  Ga-  I'ubiic  Road  ds» 
briel  Johnflon,  Ej\\  Governor ^  by  and  with  the  Advice  and  Confent  of  his  Majejiy's  ''*''^''' 
Council,  and  General  Ajfembly  of  this  Province,  (pid  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame.  That  from  ^  after  the  Ratification  of  this  A61,  that  Part 
of  the  Public  Road  from  Benneih  Creek,  in  Chowan  County,  leading  by  Henry 
Baker's,  fo  altered  and  made  as  aforcfaid,  be  confirmed  and  deemed  Part  of  the 
Public  Road,  and  no  other  ;  and  that  the  Perfons  obliged  to  work  on  and  main- 
tain the  old  Road,  be,  and  are  hereby  compelled  to  work  on  and  maintain  the 
Koad  fo  altered  j  any  Law,  Cuftom,  or  Ufage,  to  the  contrary,  notwithflanding. 


CHAP.     V. 

An  A5i,  fo  appoint  Confiables. 

I.  rjf\  O  the  End  that  Confiables  may  be  regularly  appointed,  throughout  this 
Jl     Government ; 

II.  WE  pray  that  it  may  be  Enaded,  And  be  it  Ena£led,  by  his  Excellency  Ga-  County  coum 
briel  Johnfton,  Efq%  Governor,  by  and  -with  the  Advice  and  Confent  of  h^s  Majeftfs  ££1°,?^°'"* 
Council,  and  the  General  Affembly  of  this  Province,  end  it  is  hereby  Enacted,  by 
the  Authority  of  the  fame.  That  the  Courts  of  the  feveral  Counties  wiiich  now 
are,  or  hereafter  Ihall  be,  within  this  Government,  fhall,  at  the  Court  to  be  hol- 
den  for  each  refpedive  County  in  this  Government,  next  after  the  Firfb  Day  of 
January,  Yearly,  and  every  Year,  nominate  and  appoint  as  many  Perfons  of  their 
faid  County  as  they  fliall  judge  necefTary,  to  be  Conftables  within  the  fajTie,  for  the 
then  enfuing  Yearj  which  Conftables  fo  appointed,  fhall  have  the  following  Oath 
•dminiftered  to  them  j  that  is  to  fay, 

YO  U  fhall  fwear,  That  you  will  well  and  truly  ferve  our  Sovereign  Lord  the  Conftabie'.o«tU, 
King,  in  the  Office  of  a  Conflable  -,  you  fhall  fee  and  caufe  his  Majejiy's  Peace 
to  be  well  and  duly  preferved  and  kept,  according  to  your  Power ;  you  fhall  arrefl 
allfnch  Perfons  as;  in  your  Sight,  fhall  ride  or  go  armed  offenfively,  or  fliall  commit 
mr  make  any  Riot,  Affray,  or  other  Breach  of  his  Majeflfs  Peace  ;  you  fhall  do 
your  beft  Endeavour,  upon  Complaint  to  you  made,  to  apprehend  all  Fellons  and  Rio- 
ters, or  Perfons  riotoufly  affembled ;  and  if  any  fuch  Offenders  fhall  make  Refflance, 
mib  Forciy  you  fhall  make  Hue  a^id  Cry^  and  fhall  purfue  them,  according  to  Law ; 

yoit 


132  LAWS    c/'North-Carolina. 

A.  D.  1741.    yoji  p^ii  faithfully.,  and  'without  Delay,  execute  and  return  all  lawful  Precepts  to 
^      V       ^  y^^  £ygcted ;  you  foall  well  and  duly,  according   to  your  Knowledge,  Power,  end 
Ability,  do  and  execute  all  other  Things  belonging  to  the  Office  of  a  Conftablc,  fo  long 
asyoujhall  continue  in  this  Office.  So  help  you  God. 

ConftibiesPowcr.  HI.  ANDbc  it  further  EnaMed,  by  the  Authority  afcrefaid.  That  each  and 
every  Conftable,  fo  appointed,  nominated,  and  fworn,  is,  and  they  are  hereby 
invefted  with,  and  may  execute  the  fame  Power  and  Authority,  to  all  Intents  and 
Purpof-'s,  as  the  Conilabies  within  the  Kingdom  of  England  are  by  Law  invefted 
"^ixk  and  execute. 

conft,Me  ncg-        IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Per- 
leftinp  to  quiiiry  ^^^  qj.  Perfons,  nominated  and  appointed  Conftable  by  the  Court  of  any  of  the 
N»tice.  toVrfeit  Counties  within  this  Government,  fhall  negk(5t  orrefufe  to  qualify  himfelf,  accord- 
so  «■  jng  to  the  Diredions  of  this  Ad,  within  'I'en  Days  after  Notice  of  his  Nomination 
and  Appointment  as  aforefaid,  without  he  can  fticAV  fufficient  Caufe  for  his  Negled:, 
to  be  admitted  of  by  the  Juftices,  who  fhall  or  may  grant  their  Warrant  to  recover 
the  Penalties  in  this  Ad  mentioned^  he  fhall  forfeit  the  Sum  of  Fifty  Shillings, 
Proclamation  Money  •,  to  be  recovered  by  a  Warrant  from  Two  Jullices  of  the 
Peace  in  the  County  where  fuch  Perfon  was  appointed  Conftable,  and  applied  to 
the  Ufe  of  the  County  where  fuch  Conftable Js  appointed;  provided  fuch  Notice 
be  in  Writing,  figned  by  the  Clerk  of  the  COTrt,  and  ftrvedJsy  the  Sheriff  ol  the 
County,  or  preceeding  Conftable,  on  fuch  Conftable  or  Conftabks  as  fhall  he'  ap- 
pointed, according  to  the  Diredions  of  this  Ad. 

Perfons   exempt      V.  P  R  0  V  J D  E  D  always,  T\\d.t  no  Perfon  in  Commiffion  of  any  Ofiice, 

erftabie?'"^  "  Civil  or  Military,  or  Member' of  Aflembly,  for  the  Time  being,  nor  any  one 

who  has  ferved  in  any  fuch  Station,  nor  any  other  who  has  ferved  as  Conftable, 

within  the  Space  of  Five  Years  before,  nor  any  Perfon  who  is  exempt,  by  the 

,     Laws  of  England,  fhall  be  obliged  to  ferve  in  the  Office  of  Conftable  ,  any  Law, 

Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

jiftice  h>»dmt.      VI.  AND  be  it  further  Enacted,  That  any  one  Juftice  of  the  Peace  of  the 
nifter  the  Oath.    ^Qunty,  fhall,  and  he  is  hereby  impowered,  to  adminifter  to  the  feveral  Confta- 

bles  hereafter  to  be  appointed  in  his  County,  the  Oath  direded  by  this  Ad  for 

their  Qualification. 

On  Death  or  Re.  VII.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  upon  the 
bies7  jufti^ces**to  Death  or  Removal  of  any  Conftable  out  of  the  Diftrid  for  which  he  was  appointed 
appoint  others,  Conftdblc,  it  fliall  and  may  be  lawful  for  the  Juftices  of  the  County  Court,  in 
c'nin  I  when  which  fuch  Diftrid  fhall  be,  or  any  one  of  them,  to  appoint  and  fwear  another 
they  may  con-  Peffon,  to  be  Conftablc  in  the  Room  and  Stead  of  the  Conftable  dead  or  removing 
%l^&m\.  oihtnT  out  of  his  Diftrid  as  aforefaid,  who  fhall  Ad  until  the  next  County  Court  •,  the 
Juftices  of  which  Court  fhall  then  either  continue  the  Perfon  appointed  as  afore- 
faid, or  nominate  and  appoint  a  new  one. 

Conftable  refu •  VIII.  AND  be  it  furthcK  Enacted,  by  the  Authority,  aforefaid.  That  if  any 
^lTt°  tlhtl'^A  Conftable  to  whom  any  Precept  is  direded,  by  any  Juftice  of  the  Peace,  fhall  re- 
st the  Dircretion  fufe  or  negled,  to  ferve  fuch  Precept,  he  fhall,  for  every  fuch  Offence,  on 
Complaint  of  the  Party  profecuting,  be  fined,  at  the  Difcretion  of  the  Court  of 
which  fuch  Juftice  is  a  Member ;  to  be  paid  to  the  Complainant. 


of  the  Court, 


for  want  of  a  ^^-  A  N  D  for  the  better  executing  any  Precept  or  Mandate,  in  extraordinary 
Conftable,  Pre-  Cafes  *,  Be  it  Enabled,  by  the  Authority  aforefaid.  That  it  fhall  and  may  be  law- 
eept  msy  be  di-  ^^^^  ^^  ^^^  ^^^  ^^^  Jufticc  of  the  Peacc  within  this  Government,  to  dired  any 

fuch  Precept  or  Mandate,  iij  the  Abfence  of,  or  for  Want  of  a  Conftable,  to  any 

Perfon, 


LAWS    o/'North-Carolina.  133 

^erfon,  not  being  a  Party,  who  fliall  be  obliged  to  execute,  or  endeavour,  in  the    ^-  ^-   1741- 
beft  Manner  he  can,  to  execute  the  fame,  under  the  hke  Penalty  any  Conftable  ^^^'"^ 
Ihall  be  liable  to,  by  Virtue  of  this  Ad;  to  be  recovered  and  applied  as  aforefaid.  ther''per°fon7not 

being  a  Party. 

X.  AND  be  it  Enabled,  by  the  Authority  aforefaid.    That  every  Conftable  Conftabies  cx- 
within  this  Province,  appointed  and  qualified,  as  herein  before  is  directed,  Ihall  ^i^^xaxes,  and 
be,    and  is  hereby  exempted  from  all  Provincial,  County,  and  Parifh  Taxes,  for  ^°'^'"6  <»>  'h«> 
himfelf  only,  and  from  working  on  the  Roads,  for  and  during  the  Year  he  fhall 

be  Conftable;  any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

XI.  AND  be  it  further  Ena5fedy  by  the  Authority  aforefaid.  That  all  and  every  Kep«i"igCiai»f«. 
other  A6t  and  Ads,  and  every  Claufe  and  Article  of  the  fame,  heretofore  made, 

fo  far  as  relates  to  the  appointing  of  Conftables,  is  and  are  hereby  repealed  and 
made  void,  to  all  Intents  and  Purpbfes,  as  if  the  fame  had  never  been  made. 


CHAP.     VI. 

An  Adi,  to  improve  mid  amend  the  Navigation  of  New  River ^  in  Onflow 

County.     O  B  S. 


CHAP.     VII. 

An  Aci,  to  confirm  and  ereB  that  Fart  of  the  Province  of  North-Carolina 
called  Edgcomb  County,  into  a  County,  by  the  Name  of  Edgcomb  Coufi- 
ty,  and  for  ejlabUjhing  the  faid  County  a  PariJJo ;  and  for  afcertaining 
the  Boujidary  Line  between  the  Northweft  a7id  Society  Parijhes,  in 
Bertie  County. 

I.  TT  7  HERE  AS  the  Inhabitants  of  Edgcomb  County,  in  this  Province,  Preamble. 

VV     ^^^  ^^^  "^^'7  numerous,  labour  under  great  Hardftiips,  for  want  of 
Reprcfentatives  in  the  General  Affembly  of  this  Province  j 

II.  W  E  pray  that  it  may  be  Enaded,  And  be  it  Enacted,  by  his  Excellency  Edgcomb  tHa^ 
Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Ma-  biiflied. 
jeflfs  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by 
the  Authority  of  the  fame.  That  that  Part  of  this  Province  now  called  Edgcomb 
County,  be,  and  is  hereby  eftablifhed  a  County,  by  the  Name  of  Edgcomb  Coun- 
ty, the  Bounds  whereof  ihall  be  as  follow;  Beginning  on  Roanoak  River,  at  Jen- 
kin  Henrf^  upper  Corner  Tree,  from  thence,  a  ftreight  Courfe  to  the  Mouth  of  "    """  *' 
Cheek's  Mill  Creek,  on  Tar  River;  and   from  the  South  Side  of  the  faid  River, 
oppofite  to  the  faid  Creek,  a  ftreight  Line  unto  the  Middle  Grounds,  between 
Tar  and  Neus  Rivers ;  which  ftiall  be  the  dividing  Line  between  Beaufort,  and 
Edgcomb,  and  Craven  Counties ;  and  from  thence,  up  as  nigh  as  may  be,  keeping 
the  Middle  between  the  faid  two  Rivers,  which  ftiall  be  the  dividing  Line  between 
the  Counties  of  Craven  and  Edgcomb,  and  Beaufort:  And  the  County  Courts  of  commiflioner. i« 
Craven  and  Edgcomb,  are  hereby  impowered,  each  of  them,  for  their  refpedive  lay  out  the  fu« 
Counties,  to  appoint  Two  Commiftioners  to  run  out  the  Bounds  or  dividing  Line  ^"•"^'* 
between  Craven  and  Edgcomb  ;  which  Line  fo  run  out  as  abovefaid,  and  marked, 
fliall  be  thev  dividing  Line  between  the  faid  Counties. 

L  J  III.  AND 


134  LAWS     of    North-Carolina. 


A.  D.    1741 


,  ,         III.  AND  be  it  further  Ena£led^  by  the  Authority  afore faid.  That  the  Free- 

County  to  fend  a    ,     ,  ,  r    ^       r  -j   /-<  i-rj  it-,"^^  ^ 

Burgefles.  holdcrs  ot  thc  laid  County,  quaiihed  to  vote,  as  the  Law  direds,-  fhall,  for  ever» 

after  the  Ratification  of  this  Ad:,  fend  Two  Reprefentatives  to  the  General  Af- 
fembly  of  this  Province  ;  which  Reprefentatives  fhall  have  as  full  Power  to  confuk 
and  vote  in  the  General  ALfTembly,  as  the  Reprefentatives  of  any  other  County. 

fco"?t  'and^al*       ^^'  ^^"^  ^^  ^^  further  Enacted,  hy  the  Authority  aforefaid.   That  the  faid 
proper  Officers,     County  fliall  havc  Juftices  of  the  Peace,  and  a  County  Court,   with  the  like  Ju- 
rifdidion  with  the  Courts  of  the  other  Counties  of  this  Province  ;  and  likewifc, 
a  SherifFj  a  Coroner  or  Coroners,  and  all  other  Officers  incident  to  a  County. 

V.  A  N  D  whereas  divers  Difputes  have  arofe,  touching  the  Legality  of  thc. 
Courts  heretofore  eftablifhed  in  the  faid  County,  and  touching  the  Validity  of  the 
CommifTion  appointing  a  Sheriff  for  the  faid  County;  which  have  difquieted  thc 
]N€inds  of  the  Inhabitants  of  the  faid  County  : 

Prpcecdings  of  VI.  B  E  it  therefore  Ena^ed^  by  the  Authority  aforefaidy  That  all  Judgments^ 
tofore,'"'decUred  Exccutions,  Ordcrs,  and  Proceedings  of  the  faid  Court,  pronounced,  ifTued,  and 
'^■^'  made,  agreable  to  the  Rules  of  Law,  and  the  Execution  of  all  Writs  whatfoever, 

done  according  to  Law,  and  all  other  Ads  done  by  the  faid  Sheriff,  by  Virtue  of 
his  Office  aforefaid,  be,  and  are  hereby  confirmed  and  declared  valid ;  any  Defed 
in  the  Order  of  the  Governor  and  Council,  made  for  the  Eftablifhment  of  the  afore 
faid  County,  notwithftanding. 


Tuftk 


fticesto  lay  a  VII.  A  N  D  bc  it  further  Enact ed^  by  the  Authority  aforefaid^  That  the  Juf- 
CouJt-houfe^  ^  <^ices  of  the  faid  County  Couit,  be,  and  are  hereby  impowered,  to  lay  a  Poll-Tax, 
®'''  on  the  Inhabitants  of  the  faid  County,  not  exceeding  the  Sum  of  Five  Shillings^ 

Proclamation  Money,  and  to  caufe  the  fame  to  be  levied,  in  the  Manner  other 
Public  Taxes  are  levied  and  colleded,  and  with  the  faid  Tax,  at  fome  convenient 
P|ace  in  the  faid  County,  at  their  Difcretion,  to  ered  a  Court-houfe,  Prifon,  and 
Stocks  3  and  likewife,  at  all  Times  hereafter,  as  often  as  the  faid  Court-houfe  or 
Prifon  fhall  be  out  of  Repair,  to  lay  a  Poll-Tax  on  the  faid  Inhabitants,  not  ex- 
ceeding fuch  Sum  of  Money  as  fhall  be  necelTary,  for  repairing  the  faid  Buildings. 

County  made  a  VIII.  A  N D  be  it  further  Enacted^  by  the  Authority  aforefaid.,  That  the  faid 
from%  o£.^  County  be,  and  is  hereby  eflablifhed  a  Parifh,  by  the  Name  of  Edgcomb  Parifh  i 

which  Parifh  fhall  be  diftind  from  the  Parifhes  of  which  it  was  heretofore  a  Part  1 
Freeholders  to  any  Ad  of  AflTcmbly  to  the  contrary,  notwithflanding  :  And  the  Freeholders  of 
anrchurciuv"r-  the  faid  Parifh,  duly  qualified  to  vote,  as  in  other  Parifhes,  are  hereby  impower- 
^«"''  ed  to  choofe  a  Veflrry,  and  the  faid  Veftry  to  eled  Churchwardens ;  which  Veflry- 

fhall  have  as  full  Power  and  Authority  to  lay  Taxes,  and  to  do  all  other  Matters 

and  Things  to  a  Vellry  belonging,  as  the  Veftries  of  the  other  Parifhes  of  this 

Province. 

Veftries  how  to  IX.  AND  to  the  End,  the  Firft  Veflry  of  the  faid  Parifh  be  duly  Elededj 
^bechofen.  Beit  further  Enacted,  by  the  Authority  aforefaid.  That  the  Sheriff  of  the  faid 
County  fhall  fummon  the  Freeholders  of  the  faid  Parifh  to  meet,  at  fuch  Place  a» 
fhall  hereafter  be  appointed  for  the  Court-houfe  of  the  faid  County,  who  fhall 
then  and  there  eled  Twelve  Veflrymen,  and  the  faid  Veflrymen  fhall  then  and 
there  eled,  out  of  their  Number,  Two  Churchwardens  •,  which  Veftry  and  Church- 
wardens fhall  continue  in  Office  until  the  Time  by  Law  appointed  for  the  Eledion 
of  new  Veflries  and  Churchwardens  in  the  feveral  other  Parifhes  of  this  Govern- 
ment ;  and  the  faid  Freeholders  fhall  then,  and  for  ever  after,  eled  Veftries  and 
Churchwardens,  according  to  the  Method  by  Law  prefcribed  for  the  Choice  of 
Veftries  and  Churchwardens  for  the  feveral  Parifhes  in  tliis  Province. 

X.  AND 


LA  JV  S    cf    North-Carolina.  135 


A   D.     1741. 

X.  A  N  D  for  afcertaining  the  Bounds  between  the  Northweft  and  Society  Pa  ^  Jj^^f  p,. 
rifhes,  in  5^r//^  County,  Be  it  Enacted,  by  the  Authority  aforefaid.  That  the  Boun-  nSha. 
dary  Line  of  the  faid  Parifhes  fliall  run  thus ;  to  wit.  From  the  Mouth  of  Sandy 
Run,  to  the  Head  thereof;  and  from  thence,  in  a  ftreight  Line,  to  Ahcjkey 
Swamp  -,  and  from  thence,  along  the  old  dividing  Line  between  the  faid  Two 
Parifhes  ;  which  Line  IhalJ,  for  ever,  be  deemed  the  Boundary  Line  of  the  faid 
Two  Parifhes ;  any  Law  to  the  contrary,  notwithftanding. 

XL  AN  D  he  it  further  Enacted,  by  the  Authcriy  afcrefaid.  That  the  Arrears  Arrears  of  Ta»a» 
now  due  from   the  Inhabitants  of  Edgcomh   County,  to  Society  and  Northwefi  "  ""^  p*'^' 
Parifhes,  of  which  it  was  a  Part,  fhall  be  paid  to  the  Churchwardens  of  the  faid 
Society  and  Northvjeji  Parifhes,  as  if  this  Ad;  had  not  been  made. 


Penaltiet     liabl« 
to. 


CHAP.    vin. 

An  Aui,  to  prevejit  fieaVing  of  Cattle  and  Hogs,  and  altering  and  defacing 
Marks  and  Brands,  and  mifmarking  and  mijhranding  Horfes^  Cattle, 
and  Hogs,  unmarked  and  unbrajided, 

I.  "TTTHEREAS  many  wicked  Men  in  this  Province,  being  too  lazy  to  Preamble. 

yy  get  their  Living  by  honefl  Labour,  make  it  their  Bufinefs  to  ride  in  the 
Woods  and  ileal  Cattle  and  Hogs,  and  alter  and  deface  the  Marks  and  Brands  of 
others,  and  mifmark  and  mifbrand  Horfes,  Cattle,  and  Hogs,  not  marked  or 
branded :  And  whereas  the  Laws  in  Force  in  this  Province  are,  by  Experience, 
found  not  to  be  fufHcient  to  remedy  thofe  Evils  j 

II.  WE  pray  that  it  may  be  Enafted,  And  he  it  Ena5fed,   by  his  Excellency  Ga-  Perfons   fteaiin$ 
briel  Johnfton,  Efq\  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefty's  ^("jng  Merits  of 
Council,  and  General  Ajfemhly  of  this  Province,    and  it  is  hereby  Enacted,  by  the  Cat'tie,  &c.  i-h^t 
Authority  cf  the  fame.  That  if  any  free  Perfon  or  Perfons  fhall  Ileal  any  Neat  Cat- 
tle or  Hog,  or  Ihall  alter  or  deface  the  Mark  or  Brand  of  any  other  Perfon  or 
Perfons  Horfe,  Neat  Cattle,  or  Hog,  fuch  Perfon  or  Perfons,  being  thereof  law- 
fully convi6ted,  Ihall,  for  every  Neat  Cattle  or  Hog  he  or  they  fhall  ileal  -,  or  for 
every  Horfe,  Mare,  Colt,  Neat  Cattle,  or  Hog,  whofe  Mark  or  Brand  he  or 
they  fhall  alter  or  deface,  over  and  above  the  Value  of  fuch  Neat  Cattle  or  Hog 
fo  flole  •,  or  for  every  Horfe,  Mare,  Colt,  Neat  Cattle,  or  Hog,  whofe  Mark  or 
Brand  he  or  they  fhall  alter  or  deface  ;  forfeit  and  pay  the  Sum  of  Ten  Pounds, 
Proclamation  Money  •,  to  be  recovered,  by  A6lion  of  Debt,  in  any  Court  of  Re- 
cord within  this  Province,  (wherein  no  Eflbign,  Injundlion,  Protection,  or  Wager 
of  Law,  fhall  be  allowed  or  admitted  of,)  by  the  Owner  of  fuch  Horfe,  Mare, 
Colt,  Neat  Cattle,  or  Hog,  that  fhall  be  fo  flolen,  or  the  Mark  or  Marks,  Brand 
or  Brands,  fo  altered  or  defaced,  provided  he  profecute  for  the  fame  within  Six 
Months  after  Difcovery  of  the  Fa(5l  committed  ;  and  after  that  Time,  any  Perfon 
may,  as  well  as  the  Owner,  fue  for  and  recover  the  fame,  provided  fuch  Profecu- 
tion  is  commenced  within  One  Year  after  Difcovery  of  the  Fadl  committed  j  and 
the  Offender  fhall,  over  and  above  the  faid  Fine,  receive  Forty  Lafhes  on  his 
bare  Back,  well  laid  on  •,  and  for  the  Second  Offence,  fhall  pay  the  Fine  abovC'? 
mentioned,  and  fland  in  the  Pillory  Two  Hours,  and  be  branded  in  the  left  Hand, 
with  a  red  hot  Iron,  with  the  Letter  T :  And  if  any  Perfon  or  Perfons  fhall  mif- 
mark or  mifbrand  any  unbranded  or  unmarked  Horfe,  Mare,  or  Colt,  Neat  Cat- 
tle, or  Hog,  not  properly  his  or  their  own,  he  or  they  fhall  forfeit  and  pay  the 
Sum  of  Ten  Pounds,  Proclamation  Money,  over  and  above  the  Value  thereof, 

f©r 


136  LAWS    o/'North-Carolina. 


A.  D.  1741.    for  every  fuch  Horfe,  Mare,  Colt,  Neat  Cattle,  or  Hog,  fo  mifmarked  or  mif- 
\ ^ ;  branded  ;  to  be  recovered  as  aforefaid. 

Perfonsfeeinsthe      HI.  A  N  D  to  prcvcnt  the  Conccaling  fuch  Offences,  Be  it  Enabled,  by  the  Au- 
"^XZiZriic.  thority  aforefaid.  That  it  any  Perfon  or  Perfons  fhall  fee  any  other  Perfon  or  Per- 
covering  It  in  10  fons  Committing  any  of  the  Crimes  aforefaid,  and  fhall  not  difcover  the  fame,  in 
5  ir*  "   "' "'  Ten  Days,  to  lome  Magiftrate,  then,  and  in  fuch  Cafe,  fuch  Perfon  or  Perfons, 
for  not  difcovering  the  faid  Crime,  fhall  forfeit  the  Sum  of  Five  Pounds,  Pro- 
clamation Money,  for  every  Time  he  fhall  fee  the  faid  Crime  or  Crimes,  or  any 
of  them,  committed  ;  to  be  recovered,  by  any  Perfon  or  Perfons  who  will  fue  for 
the  fame,  by  Adion  of  Debt,  in  any  Court  of  Record  in  this  Province  j  wherein 
no  EfToign,  Protection,  Injunction,  or  Wager  of  Law,  fhall  be  allowed  or  ad- 
mitted of. 

ividenee  fuffici-  JV.  AND  bccaufe  it  is  difficult  to  convict  any  Perfon  who  has  feen  fuch 
ny'p'rfon htl-aw  CHmes  Committed,  if  he  will  deny  the  fame;  Be  it  further  Enabled,  by  the  Au- 
the  Crimes  com-  thority  aforefaid.,  That  it  fhall  be  fufficient  Evidence  to  convift  any  Perfon  who  has 
""  "  '  fcen  any  of  the  aforefaid  Crimes  committed,  if  it  be  proved  that  he  has  told  any 

other  Perfon  that  he  did  fee  the  faid  Crimes,  or  any  of  them,  committed. 

Perfons  kilting        V.  A  N  D  whercas,  by  common  Cuftom  in  this  Province  of  killing  of  Cattle 

fh'e^'w  o" f ' io  and  Hogs  in  the  Woods,  great  Opportunities  are  given  to  fleal  the  Cattle  and 

ihew  Ears  'nnd    Hogs  of  Other  i^cople  -,  Be  it  therefore  Enacted,  by  the  Authority  aforefaid.  That 

t!  t'Ma*iftra'^l',  ^^  ^ny  Pcrfon  hereafter  fhall  kill  any  one  or  more  Neat  Cattle  or  Hogs  in  the 

or  I  Freeholders,  Woods,  he  fliall.  Within  Two  Days,  fhew  the  Head  and  Ears  of  fuch  Hog  or 

enaityofsi.  Yiogs  and  the  Hide,  with  the  Ears  on,  of  fuch  Neat  Beaft  or  Cattle,  to  the  next 

Magiftrate,  or  to  Two  fubftantial  Freeholders,  under  Penalty  of  Five  Pounds, 

Proclamation  Money  ;  to  be  recovered,  by  any  Perfon  who  will  fue  for  the  fame, 

by  Action  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of  Record  in  this 

Province ;  wherein  no  Effoign,  Protection,  Injunction,  or  Wager  of  Law,  fhall 

be  allowed. 

■perfons  halving  VI.  AND  be  it  further  EnaEted,  by  the  Authority  aforefaid.  That  every  Perfon 
h'v' I'M^k  and  "^  ^^'^  Province,  who  hath  any  Horfes,  Cattle,  or  Hogs,  fhall  have  an  Ear  Mark 
Brand,  recorded,  and  Brand,  different  from  the  Ear  Mark  and  Brand  of  all  other  Perfons  •,  which 
Ear  Mark  and  Brand  he  Ihall  record,  with  the  Clerk  of  the  County  where  his 
Cattle,  Horfes  Horfes,  Cattle,  or  Hogs  are,  if  not  already  recorded ;  and  that  he  fhall  brand 
■"''^^  ^='  "'^'■n  all  Horfes  with  the  faid  Brand,  from  Eighteen  Months  old,  and  upwards,  and 
branded.  Ear- mark  all  his  Hogs,  from  Six  Mpnths  old,  and  upwards,  with  the  faid  Ear 

Mark  •,  and  Ear-mark  or  brand  all  his  Cattle,  from  Twelve  Months  old,  and  up- 
wards, with  the  fiid  Ear  Mark  or  Brand :  And  if  any  Difpute  fhall  arife  about 
any  Ear  Mark  or  Brand,  the  fame  fhall  be  decided  by  the  Book  of  the  Clerk  of 
the  County  Court  where  fuch  Cattle,  Horfes,  or  Hogs  are. 

cmTb^'wTi        ^^^'  ^^^  ^^  it  further  Ena5ied,  by  the  Authority  aforefaid.  That  when  any 

&v.  to  hrand  the  Perfon  fhall  buy  any  Neat  Cattle  from  another,  or  come  to  the  fame  by  Gift, 

ovl^Mark  '"'    ^'^^^''  °'*  ^"y  °^^^^  lawful  Mcans,  that  then,  and  in  fuch  Cafe,  the  Perfon  who 

has  gained  the  fame  by  any  of  the  Ways  aforefaid,  fhall,  within  Eight  Months, 

brand  the  aforefaid  Neat  Cattle  with  his  own  proper  Brand,  in  the  Prefence  of  Two 

creditable  WitnefTes,  a  Certificate  of  which  fhall  be  figned  by  the  faid  WitnefTes. 

md'  iif  ^orrt*"       ^^^^'  ^^^^^  it  further  Enabled,  by  the  Authority  aforefaid.  That  this  ACt  fhall 
twice  a  Year.  '    he  pubHckly  read,  by  the  Clerk  of  every  County  Court  in  this  Province,  at  leaft. 
Twice  every  Year,  viz.  at  the  Firft  Court  after  Eafier,  and  the  Firft  Court  after 
Augufi,  in  the  Morning,  on  the  Second  Day  of  the  Court,  in  open  Court,  under 
Penalty  of  Twenty  Shillings  Proclamation  Money  j  to  be  recovered,  by  any  Per- 
son, 


L  A-  JV  S    o/'North-Carolina. 


137 


fon,  by  a  Warrant,  iinderthe  Hands  and  Seals  of  any  Two  Juftices  of  the  Peace    ^-  ^   '741. 

of  the  County,  to  the  Ufc  of  the  Iniormtr.  '^        v        ^ 

-y  Lu  '      '  '     ■ 

-    IX;  J  N  D  be  it  further  Ennifed,  by  the  Authority  af or efaid.  That  if  any  ftrange  Sfrmge  cattic 

Cittle  fliall  go  into  the  Cowpen  of  any  Perfon  in  this  Province,  the  Owner  of  that  cowVn"  OwLr 

Cowpen,  if  he  refides  there,  or  the  Overfeer  or  Manager,  where  the  Owner  does  ^°^e^'^'^  Notice 

not  r^'fide,  fliall  be  obliged  to  give  Pubhc  Notice  thereof,  by  affixing  a  Note  of  1/ao /.  °" 

the  Flefli-marks,  and  Ear-murk,  and  Brand  of  all  fuch  ftrange  Cattle  as  fhall  be  at 

his  Pen,  at  the  Church  Doors  of  the  Pariih  where  the  faid  Cowpen  is,  or  where 

there  is  no  Church,  at  the  Court-houfe  Door,  in  One  Month  after  fuch  Cattle  fhall 

come  to  his  Pen,  under  the  Penalty  of  Twelve  Shilhngs,  Proclamation  Money, 

for  every  Beaft  that  he  fhall  negle6t  to  give  fuch  Notice  of;  to  be  recovered  in  the 

fame  Manner,  and  to  the  fame  Ufe,  as  the  Fine  laft  mentioned. 

X.  AND  be  it  further  Ena^ed^  ly  the  Authority  aforefaid.  That  if  any  Ne-  skves fteaiing  or 
groe,  Indian^  of  Mulatto  Slave,  fhall  kill  any  Horfe,  Cattle,  or  Hog,  belonging  cnde'&c^whlt 
to  any  Perfon  whatfoever,  without  the  Confent  of  the  Owner  or  Owners  thereof.  Penalties    liable 
or  fhall  fleal,  miibrand,  or  mifmark  any  Horfe,  Cattle,  or  Hog,  fuch  Slave  or 
Slaves  fhall,  for  the  Firft  Oifence,  fuffer  both  his  Ears  to  be  cut  off,  and  be  pub- 
lickly  whipt,  at  the  Difcretion  of  the  Juflices  and  Freeholders   before  whom  he 
or  fhe  fhall  be  tried  •,  and  for  the  Second  Offence,  fhall  fuffer  Death :  And  the 
Tryal  and  Convicftion  of  the  faid  Slave  or  Slaves,  fhall  be  in  fuch  Manner  as  is 
prcfcribed  by  an  A«5t  of  Alfembly,  intituled.  An  Act,  concerning  Servants  and  Slaves. 

XL  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  and  eVery  Repeaiingchufe, 
other  A6t  and  A6ts,  and  every  Claufe  and  Article  thereof,  heretofore  made,  fo 
far  as  relates  to  the  preventing  the  flealing  of  Horfes,  Cattle,  and  Hogs,  and  alter- 
ing and  defacing  the  Marks  and  Brands,  and  mifmarking  and  mifbranding  the 
fame,  or  to  any  other  Matter  or  Thing  whatfoever,  within  the  Purview  of  this 
Ad,  is  and  are  hereby  repealed  and  made  void,  to  all  Intents  and  Purpofes,  as  if 
the  fame  had  never  been  made. 


C  H  A  P.     IX. 

An  ASi^  Jor  afcerfai7itng  the  Boundary  Line  between  Tyrell  and  Beaufort 
Counties,  and  between  Edgcomb  County,  and  Tyrell  and  Beaufort 
Counties. 

I.  TTTHEREAS  Difpiites  daily  arife,  between  the  Inhabitants  of  tyrell,  preamMt. 

y  Y  Beaufort,  and  Edgcomb  Counties,  by  Reafon  the  Boundary  Line  be- 
tween tyrell  and  Beaufort  Counties,  and  between  Tyrell  and  Edgcomb  Counties, 
are  not  fufficiently  afcertained  and  known ;  by  Means  of  which  Uncertainty,  the 
Inhabitants  within  the  difputed  Bounds  refufe  to  pay  their  Public  and  Pariih  Le- 
vies to  any  of  the  Colle6tors  of  the  faid  Levies  of  either  pf  the  faid  Counties :  For 
Remedy  whereof. 


beo 


II.  W  E  pray  that  it  may  be  Enafted,  And  be  it  Enabled,  by  his  Excellency  Ga-  f^^^"_J"i"  ^^^^ 
briel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefiy*s  7yr<ii,  andi?w«* 
Council,  and  the  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by  -f""' 
the  Authority  of  the  fame.  That  each  of  the  County  Courts  of  Tyrell,  Edgcomb, 
and  Beaufort^  fhall  appoint  one  Perfon,  who  fhall  fettle  and  run  the  Boundary 
Line  between  Tyrell  and  Edgcomb  Counties,  and  between  Part  of  Edgcomb .  and 
Beaufort  Counticsj  in  Manner  following ;  that  is  to  fay.  The  faid  Commiflioners 
.;■.".  Mm  fhali 


1^8  LAWS     0/    North-Carolina. 

A.  D.  1741.  (hall  begin  at  the  upper  Corner  Tree  ot  Jenkin  Henry^s  Line,  on  the  South  Side 
V— — y— — *  of  Roanoiik  Kivcr,  and  from  thence,  run  a  direft  Line  to  the  Mouth  of  C^f'f-^'s 
Mill  Creek,  on  Tar  River  j  and  the  faid  Commiffioners,  as  foon  as  the  faid  Line 
is  liniflied,  fhall,  under  their  Hands,  return  the  Courfes  thereof  into  each  of  the 
Courts  of  the  atorefaid  Counties,  which  ihall  be  recorded  by  the  Clerks  of  the 
faid  fcveral  Courts :  And  the  faid  Line  fo  run,  fhall,  for  ever  after,  be  deemed 
the  Boundary  Line  between  'Tyrell  and  Edgccmb  Counties,  and  between  Edgcomit 
and  Beaufort  Counties,  from  Tyrell  County  as  far  as  Tar  River. 

B.tween    7yrtii      HI,  AND  be  it  further  Ena£fed,  by  the  Authority  aforefaid^   That  the  Flat 

and  Beaufort.       g^^mp  which,    heretofore,  was  the  Boundary  of  Albemarle  and  Bath  Counties, 

fhall,  to  the  Head  of  the  fiid  Swamp,  and  from  the  Head  thereof,  by  a  dired: 

Line  to  the  aforefaid  Line  between  Tyrell  and  Edgcomb  Counties,  for  ever,  be  the 

Boundary  Line  between  Tyrell  and  Beaufort  Counties. 

e-mnty  Courts  to       IV.  AND  for  defraying  the  Charge  of  running  the  faid  Line,  Be  it  further 
lay  a  T"'.  t"^^-^"  Endcted,  by  the  Authority  aforefaid.  That  each  of  the  County  Courts  of  Beaufort^ 
J^running  "he  Tyrelly  and  Edgcomb.,  be,  and  are  hereby  impowered,  to  lay  a  Poll-Tax,  not  ex- 
Boundaries.        ceedincT  the  Sum  of  Four  Pence,  Proclamation  Money,  per  Tithable,  upon  the 
Inhabitants  of  their  refpedive  Counties,  and  Ihall  caufe  the  fame  to  be  levied  in 
the  fame  Manner  the  Public  Taxes  are  levied  ;  and  Ihall,  out  of  the  Money  ari- 
fino-  by  the  faid  Tax,  pay  and  fatisfy  their  refpedive  Commiflioners,    for  their 
Trouble  and  Charges  expended,  in  running  the  aforefaid  Boundary  Lines :  And 
aft^r  paying  and  fatisfying  the  CommiflTioncrs  for  their  Trouble  and  Charges,  each 
County  Court  fhall  apply  the  Money  remaining,  if  any  be,  to  the  Ule  of  the 
County  where  fuch  Tax  is  colleded.    ^ 


CHAP.    X. 

An  AB.,  to  eTiJarge  the  Time  for  enroU'mg  of  Lands  in  the  Auditor's  Office, 
and  proving  the  quiet  PoJJ'eJJion  of  La7ids  for  Twenty  Tears  pajl^  and 
upwards.     O  B  S. 


CHAP.     XI. 

An  A5iy  for  refraining  the  taking  of  excejjive  XJfury. 

Preimbi*.  ^-  TJ^  ORASMUCHasthe  fettling  of  Interefl  at  a  reafonable  Rate,  will  great* 

Y}  ly  tend  to  the  Advancement  of  Trade,  and  Improvement  of  L  ands,  by  good 
Hujoandry,  with  many  other  confiderable  Advantages  to  this  Province:  And 
whereas  divers  Perfons  of  late,  have  taken  great  and  exceffive  Sums  for  the  Loan 
of  Money,  Goods,  and  Merchandizes,  to  the  great  Difcouragement  of  Induftry, 
in  the  Hufbandry,  Trade,  and  Commerce  of  this  Province: 

No  Perfon  to  II.  W  E  pray  that  it  may  be  Enafted,  And  be  it  Ena5fed,  by  his  Excellency  Ga- 
TlJ'cult!^i^t  briel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefifs 
Jniaeft.  "  Council.,  and  General  Affeinbly  of  this  Province,  and  it  is  hereby  Enacted,  by  ths 
Authority  of  the  fame.  That  no  Perfon  or  Perfons  whatfocver,  from  and  af- 
ter the  Firft  Day  of  May,  which  fhall  be  in  the  Year  of  our  Lord  One  Thoufand 
Seven  Hundred  and  Forty  One,  upon  any  Contract,  to  be  made  after  the  faid 
Firft  Day  of  May,  fhall,  diredly  or  indirectly,  take,  for  Loan  of  any  Monies, 

Wares, 


L  A  }V  S    o/'North-Carolina.  139 

Wares,    Merchandizes,    or  Commodities  whatfoever,    above  the  Value  of  Six    ^-  ^-  '74'- ' 


"«-yrt' 


rwrs- 


Pounds,  by  Way  of  Difcount  or  Intereft,  for  the  Forbearance  of  One  Hundred 
Pounds,  for  One  Year,  and  fo  after  that  Rate  for  a  greater  or  lefler  Sum,  or  for 
a  longer  or  fhorter  Time  ;  and  that  all  Bonds,  Contrafts,  and  Affurances  whatfo- 
ever, made  after  the  Time  aforefaid,  for  the  Payment  of  any  Principal  or  Money 
to  be  lent,  or  covenanted  to  be  performed,  upon  or  for  any  Ufury,  whereupon  ojt 
whereby  there  fhall  be  referved  or  taken  above  the  Rate  of  Six  Pounds  in  the  Hun- 
iired,  as  aforefaid,  fhall  be  utterly  void  :  And  that  all  and  every  Perfon  or  Perfons  Perfons  taking 
whatfoever,  which,  after  the  Time  aforefaid,  upon  any  Contrad  to  be  made,  af-  '^"^^j^  IhevTiu-' 
ter  the  faid  Firfl  Day  of  May^  fhall  take,  accept,  and  receive,  by  Way  or  Means 
of  any  corrupt  Bargain,  Loan,  Exchange,  Shift,  or  Interefl,  of  any  Monies, 
Wares,  Merchandizes,  or  other  Thing  or  Things  whatfoever,  or  by  any  deceit- 
ful Ways  or  Means,  or  by  any  Difcount,  Covin,  Device,  or  deceitful  Convey- 
ance, for  the  forbearing  or  giving  Day  of  Payment,  for  One  whole  Year,  of  or  for 
their  Money  or  other  Thing,  above  the  Sum  of  Six  Pounds  for  the  forbearing  of 
One  Hundred  Pounds  for  a  Year,  and  fo  after  that  Rate  for  a  greater  or  lefTer  Sum, 
.  or  for  a  longer  or  fhorter  Time,  fhall  forfeit  and  loofe,  for  ev^ry  fuch  Offence, 
the  double  Value  of  the  Monies,  Wares,  Merchandizes,  and  other  Things  fo 
lent,  bargained,  exchanged,  or  fhifted ;  the  One  Moiety  of  all  which  Forfeitures 
to  be  to  our  Sovereign  Lord  the  King,  his  Heirs  and  SuccefTors,  for  and  towards 
the  Support  of  this  Government,  and  the  contingent  Charges  thereof,  and  the  o- 
iher  Moiety  to  him  or  them  that  will  fue  for  the  fame,  by  Adtion  of  Debt,  Bill, 
Plaint,  or  Information,  in  any  Court  of  Record  within  this  Province ;  wherein 
S\o  EfToign,  Protedion,  or  Wager  of  Law,  fhall  be  allowed  or  admitted  of. 


CHAP.    XII. 

An  A£f,  Jor  appointing  and  laying  out  a  Town  on  or  near  Mlttam*^  Toint, 
on  the  South  ^ide  of  New  River ^  in  Onflow  County^  by  the  Name  of 
Johnflon. 

!•  T  T  7  H  E  R  E  A  S  the  Inhabitants  of  Onjloiv  County,  have  petitioned  for  Preamble 

VV  _^"  A6t,  for  appointing  a  Town  on  Mittam's,  Point,  on  the  South  Side 
o^  New  River,  and  that  CommifTioners  may  be  appointed,  to  lay  out  the  Lots  in 
the  faid  Town,  and  to  difpofe  of  them,  in  Manner  in  the  faid  Petition  mentioned ; 
and  for  laying  a  Levy,  for  building  a  Court-houfe  and  Goal,  for  the  faid  County : 

II.  W  E  pray  that  it  may  be  Enaded,  And  be  it  Enacted^  by  his  Excellency  Cmmi/noner. 
Gabriel  Johnfton,  Efq;  Governor^  by  and  with  the  Advice  and  Confent  of  his  Ma-  ''onti^^To^n!'' 
jejifs  Council^  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted^  by 
the  Authority  of  the  fame.  That  as  foon  as  the  Proprietor  of  the  Land  on  the  faid 
Point  fhall  acknowledge  his  or  her  Confent  and  Concurrence,  in  open  Court  of 
the  faid  County,  to  have  fuch  Part  of  the  faid  Land  laid  out  for  a  Town  as  herein 
after  is  direded,  it  fhall  and  may  be  lawful  for  Samuel  Johnjlon,  John  Starkey^ 
Jonathan  Freemain,  Samuel  James,  and  James  Foil,  Efqrs.  who  are  hereby  no- 
minated and  appointed  CommifTioners,  with  full  Power  and  Authority,  to  lay  out 
One  Hundred  Acres  of  Land,  at  the  faid  Mittam's  Point,  for  a  Town,  by  the 
Name  of  Johnjlcn ,  and  they,  or  the  major  Part  of  them,  are  hereby  direded 
and  impowered,  to  lay  out  One  Hundred  Acres,  at  and  adjoining  the  faid  Point, 
into  Lots,  of  Half  an  Acre  each,  with  convenient  Streets,  and  a  Square  for  Pub- 
lic Buildings. 

in.  AND 


140  L  A   W  S    of    North-Carolina. 


,j4   D.    174T.  ^ 

w — >^.— i>  jjj^  AND  If e  it  further  Ena£iedi  hy  the  Aiithoriiy  aforefaid.  That  when  the 
J^r!i!^e7Lot"rfor  Commifiioners,  or  the  major  Part  of  them,  have  laid  out  the  faid  Town  into 
*°  *•  Lots  and  Streets  as  aforefaid j  every  Ferfon  whatfoever,  who  is  wilUng  to  be  an 

Inhabitant  of  the  faid  Town,  (hall  have  Liberty  to  take  up  any  Lot  or  Lots  fo 
•laid  out  as  aforefaid,  and  not  before  taken  up  •,  which  Lot  or  Lots  the  Commif- 
fioners  before  appointed,  or  the  Majority  of  them,  are  hereby  impowered  to  grant, 
convey,  and  acknowledge,  to  the  Ferfon  or  Perfons  fo  taking  up  the  fame,  and 
his  Heirs  and  AfTigns,  tor  ever,  in  Fee-Simple,  upon  the  Payment  of  Ten  Shil- 
lings, Proclamation  Money,  or  the  Value  thereof  in  Currency,  to  the  Treafurer 
herein  alter  named. 

tieafurer  ap-  IV.  A  N  D  bc  it  further  Enact ed,  by  the  Authority  aforefaid.  That  James  Foify 
pointed.  l£Sa\  be,  and  is  hereby  appointed  Treafurer  and  Receiver  of  all  fuch  Sum  and 

Sums  of  Money,  which  fliall  arife  by  the  Sale  of  the  faid  Lots,  for  the  Ufes  here- 
after mentioned  ;  and  on  the  Death  or  Departure  out  of  the  Government  of  the 
faid  Treafurer,  tBe  faid  Commifiioners,  or  the  major  Fart  of  them,  Ihall  appoint: 
fome  other  Ferfon  Treafurer,  in  the  Place  of  the  faid  Treafurer. 

Treafurer  to  gite  V.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Trca- 
Security.  ^|^jj.gj.  [lej-ein  appointed,  and  every  Treafurer  that  fliall  or  may  be  hereafter  appoint- 

ed by  the  Commifiioners,  as  aforefaid,  fhall  give  Security  to  the  County  Court, 
that  he  Ihall  and  will  account  with,  and  pay  in  all  the  Monies  he  fhall  receive  by 
the  Sale  of  all  and  every  the  Lot  and  Lots  that  ftiall  be  fold.  Yearly,  on  the  Twen* 
ty  Fifth  Day  of  March,  to  Mr.  Hope  Dexter,  or  the  Proprietor  of  the  faid  Land. 

Lots  to  be  faved  VI.  PROVIDED  always.  That  if  any  Lot  or  Lots  fiiall  be  granted  and 
intwoYearj.  conveyed,  by  the  faid  Commifiioners,  to  any  Perlbn  or  Perfons  whatfoever,  who 
fhall  not,  within  Two  Years,  build  a  good  fubltantial  habitable  framed  Houfe, 
not  of  lefs  Dimenfions  than  Twenty  Four  Feet  in  Length,  and  Sixteen  Feet  wide, 
befides  Sheds  or  Leantos,  or  make  luch  Preparation  for  fo  doing,  as  the  Com- 
mifiioners, or  the  major  Part  of  them,  fliall,  on  View,  think  rcafonable,  fuch 
Grant  or  Conveyance  fhall  be  void,  and  it  is  hereby  declared  void  and  of  none  Ef- 
fect, as  if  the  fame  had  never  been  made-,  and  the  CommiflTioners  may  grant  and 
convey  fuch  Lot  ot  Lots  which  fliall  not  be  built  on  within  the  Time,  and  in  the 
Manner  as  is  herein  before  direded,  to  any  other  Ferfon  or  Perfons  applying  for 
the  fame,  and  paying  the  Money  for  the  faid  Lot,  as  in  this  Ad  is  beiore  dired- 
ed,  for  the  Ufe  of  the  faid  Hope  Dexter ^  or  other' Proprietors,  as  aforefaid. 

Commifli  ners  to       VII.  A N D  be  it  furthcr  Etiactcd,  by  the  Authority-  aforefaid.  That  the  Com- 
removcNufances.  jnjffioners,  Ot  the  major  Part  of  them,  fliall  be,  and  they  are  hereby  impowered 
and  authorized,  to  remove  all  Nufances  within  the  Limits  of  the  fuid  Town. 

L^tstobepaied,       VIIT.  A  N D  be  it  further  EnaEied,  by  the  Authority  aforefaid.  That  no  Per- 
PofttTndRaUs     ^°"'  Inhabitant  of  the  faid  Town,  or  holding  a  Lot  or  Lots  therein,  fhall  inclofe 
the  fame,  or  keep  the  fame  inclofed,  under  a  common  Stake  Fence  ;  but  every 
Lot  therein  fliall  be  paled  in,  or  inclofed  with  Foils  and  Rails  fct  up. 

Owners  of  Loti  IX.  A  N  D  bc  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Perfons, 
ci'e!'r''on'p  SuJ  Poff"ffoi"s  or  Owners  of  Lots  in  the  faid  Town,  (hall,  within  Two  Years  from 
'  cfis./.frMonth,  the  Date  of  their  Grant  or  Conveyance,  clear,  and  keep  conftantly  clear,  their 
Lot  or  Lots,  from  all  Manner  of  Wood,  Under-wood,  Brufli,  and  Grubs,  un- 
der the  Penalty  of  One  Shilling,  Proclamation  Mopey,  for  every  Month  fuch 
Owner  or  Owners  of  any  Lot  or  Lots  fliall  neglcft  to  clear,  or  keep  the  fame 
clear  •,  to  be  recovered  by  a  Warrant  from  any  Jufl:ice  of  the  Peace,  and  applied, 
by  the  faid  Commifiioners,  for  and  towards  clearing  the  Streets  in  the  faid  Town. 

X.  AND 


LAWS     of    N  QRT  h-Car  O  L  I  n  a.  i^J 


-4.   D.    1741. 


X.  A  N  D  be  it  further  EnaSfedy  hy  the  Autority  aforefaid.  That  for  the  En-  ^^l'"^ 
couragement  of  the  faid  Town,  after  there  fhall   be  Two  good  Public  Houfes,  h  ufes'Ire  buiit^ 
fit  for  the  accommodating  of  Travellers,  and  good  Boats  provided,  viz    one  on  provideT^  aa**' 
each  Side  of  the  faid  River,  for  tranfporting  of  Travellers,  and  their  Horfes,  the  Public   Bunnefs 
faid  Houfes  and  Boats  to  be  approved  of  by  the  Juftices  of  the  Court  of  the  [^  tJ'^  ToJinf  ** 
faid  County,  when  the  greater  Number  of  the  JufticeS  are  in  Court,  that  then  the 
Court  of  the  faid  County,  and  all  General  Mufters,  (hall'  be  held  in  the  faid 
Town,  and  all  other  the  Public  Bufinefs  of  the  faid  County  fhall  be  tranfaded  in 
the  faid  Town,  and  in  no  other  Place  or  Places  whatfoever. 

XL  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Juf-  Juftices  to  iay» 
tices  of  the  faid  County  are  hereby  impowered  and  authorized,  to  lay  a  Levy,  cowuhoufe"'"^ 
not  exceeding  Eight  Pence,  Proclamation  Money,  Yearly,  to  be  paid  and  coiled:-  S^f. 
ed  as  other  Public  Taxes  are,  and  applied  towards  building  a  Court-houfe  and 
Goal,  and  providing  a  Ferry,  at  the  Charge  of  the  County,  for  the  Convenience 
of  the  Inhabitants  of  the  faid  County's  pafling  to  and  from  the  faid  Town,  to  at- 
tend the  Court,  and  tranfacl  their  Public  Bufinefs. 

XII.  AND  be  it  further  Enabled,  by  the  Authority  afoitefaid.  That  the  faid  J"^'"'  msyufe 
Juftices  may,  and  they  are  hereby  impowered  and  authorized,  to  make  Ufe  of  the  oiTcourt- 
the  old  Court-houfe  and  Prifon,  for  the  Ufe  of  the  faid  Court-houfe  and  Goal,  to  *'°"'^»  *  '''''^°°; 
be  built  as  aforefaid  in  the  faid  Town,  either  by  pulling  the  fame  down,  and 
moving  fuch  Fart  thereof  as  may  be  ufeful  in  building  the  faid  Court-houfe  to  be 
built  in  the  faid  Town,  as  aforefaid,  or  by  felling  the  fame,  and  applying  the 
Money  arifing  by  fuch  Sale,  towards  ereding  the  faid  Buildmgs  in  the  faid  Town. 


CHAP.    XIII. 

An  AB^  to  prevent  the  taking  away  Boats,  Canoes,  or  PettiaguaSy  frofti 
Landings,  or  elfeivbere,  'without  Leave. 

I.  'TT^  O  prevent  taking  Boats,  Canoes,  and  Pettiaguas,  from  Landings,  or  elfe- 
J[     where,  without  Leave ; 

II.  W  E  pray  that  it  may  be  Enaded,  Ajid  be  it  Enacted,  by  his  Excellency  Perfons  t»k;ng 
Gabriel  Johnfton,  Efq;,  Governor,  by  and  with  the  Advice  and  Confent  of  his  Ma-  B^ats,  &c.  with- 
jejly^s  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted^  by  forfeit  20  s.   to 
the  Authority  of  the  fame.  That  any  Perfon  or  Perfons  who,  after  the  Ratification  ''^*  '^"""'* 
of  this  Ad,  fhall  take  away  from  any  Landing  or  other  Place  where  the  fame 
fhall  be,  any  Boat,  Canoe,  or  Pettiagua,  belonging  to,  or  in  the  Cuftody  of  any 
Perfon  whatfoever,  without  the  Confent  and  Leave  of  the  Owner  or  PofTefTor  of 
fuch  Boat,  Canoe,  or  Pettiagua,  or  fhall  loofe,  unmoor,  or  turn  fuch  Boat,  Canoe, 
or  Pettiagua  adrift,  fuch  Offender  or  Offenders  Ihall  feverally  forfeit  and  pay,  to 
the  Party  who  fhall  own,  or  in  whofe  Cuftody  and  Poffeflion  fuch  Boat,  Canoe, 
or  Pettiagua  was,  the  Sum  of  Twenty  Shillings,  Proclamation  Money ;  to  be  re- 
covered by  a  Warrant  from  any  Juftice  of  the  Peace  within  the  County  where  the 
Offence  fhall  be  committed,  who  is  hereby  impowered  and  required  to  hear  and 
determine  all  fuch  Offences :  And  if  any  Offender  or  Offenders  fhall,  after  Con-  ofRnderj  refi.. 
■vidion,  negled  or  refufe  to  pay  the  faid  Sum  of  Twenty  Shillings,  Proclamation  '"'"g  to  pay,  juf- 
Money,  in  fuch  Cafe,  it  fhall  and  may  be  lawful  for  the  faid  Juftice,  by  his  War-  iiKm"t7p7ifon.'' 
•rant,  to  commit  fuch  Perfon  to  the  Goal  of  the  County,  where  he  fhall  remain 
until  he  ihall  have  paid  the  fame,  and  the  accruing  Cofts. 

N  n  III.  PRO' 


asm 


14a  .      LAW^    of    North-Carolina. 

A.  D.    1741. 

*^--y^--^  III.  PROVIDED  always.  That  nothing  in  this  Aft  fhail  be  underftood  or 
perfm  from  h"is  conltrued  to  debar  any  Perfon  from  his  or  her  A6lion  at  Common  Law,  for  any 
''^^n'°'Lw  ^f™  Damage  fuftained,  by  Reafon  of  any  Boat,  Canoe,  or  Pettiagua,  to  them  belong- 
Dimage  faftain-  ing,  fo  taken  or  unloofed,  unmoored  or  turned  adrift,  from  any  Landing  or  other 
»^'  Place  where  the  lame  was  left,  againft  any  Perfon  whatfoever,  notwithftanding 

fuch  Perfon  Ihall  hav^e  paid  the  Penalty  by  this  A(5t  inflided  •,  any  Thing  herein 
contained,  orany  Law,  Ufage,  orCuftom,  to  the  contrary,  notwithftanding. 

Servant  or  Slave  jv.  AND  he  It  further  Enabled,  by  the  Author iy  aforefaid^  That  if  any  White 
Mafter"efufingto  Servant,  Negroc,  or  Slave,  Ihall  offend  againft  this  A61,  and  be  thereof  convidl- 
p.ytheFine.fuch  g^^  ^^^  j-j^g  Maftcr,  Miftrcfs,  or  Owner  of  fuch  White  Servant,  Negroe,  or 
to'be  whtpt.  "    Slave,  ftiall  refufe  to  pay  the  faid  Sum  of  Twenty  Shillings,  Proclamation  Money, 

fuch  Servant  or  Slave  fliall  fuffer  Correftion,  by  whipping,  at  the  Difcretion  of 

the  Magiftrate,  not  exceeding  Thirty  Nine  Lalhes. 

Not  to  exten<i  to  V.  P  ROV  ID  ED  always,  and  be  it  Ena£ied,  That  neither  this  Adf,  nor 
'"rlfrvdreh^'b"  ^^^  Penalties  thereof,  fhall  be  conftrued  to  extend  to  any  Perfon  who  ftiall  prefs 
Authority,  or  any  Boat,  Canoe,  or  Pettiagua,  by  Public  Authority,  or  to  any  Perfon  who  ftiall 
proper  Ownerj.  ^^:^^^  j^j^  ^^^  proper  Boat,  Canoe,  or  Pettiagua,  or  to  any  other  Perfon  or  Per- 
••  fons,  being  lawfully  impowered  fo  to  do  by  the  Owner,  from  any  Place  or  Land- 

ing, or  from  any  Perfon  in  whofe  Cuftody  he  ftiall  find  the  fame,  or  to  any  Ser- 
vant or  Slave  taking  any  Boat,  Canoe,  or  Pettiagua,  from  any  Landing  or  other 
Place,  by  Order  ot  his  or  her  Maftcr^  Miftrefs,  or  Overfeer. 


Mafler    ordering 


VI.  AND  he  it  further  EnaSted,  That  if  any  Mafter,  Miftrefs,  or  Overfeer, 

Servant  0^51378  ftiall  ordefcany  Servant  or  Slave,  belonging  to  them,  or  under  the  Care  of  any  of 

fci"iiab'ir7/"  them,  to  take  from  any  Landing,  or  other  Place,  any  Boat,  Canoe,  or  Pettiagua, 

Penalty,  Contrary  to  the  Intent  and  Meaning  of  this  Ad,  fuch  Mafter,  Miftrefs,  or  Over- 

fger  of  fuch  Servant  or  Slave  fo  offending,  ftiall  be  liable  to  the  Forfeitures  and 

■     Penalties  of  this  Ad,  as  if  they,  in  their  proper  Perfon,  had  done  the  famej  any 

'  Thing  herein  before  contained,  to  the  contrary,  notwithftanding. 

iiepeaiingciaurc.  VII.  AN  D  ht  it  further  Enacted,  by  the  Authority,  afore  faid.  That  all  and 
every  other  Ad  and  Ads,  and  every  Claufe  and  Article  thereof,  fo  far  as  relates 
to  prevent  the  taking  Boats,  Canoes,  or  Pettiaguas,  from  Landings,  or  elfewhere, 
without  Leave,  is  and  are  hereby  repealed  and  made  void,  to  all  Intents  and  Pur- 
pofes,  as  if  the  fame  had  never  been  made. 


CHAP.     XIV. 

'An  AB,  for  the  better  Obfervat'ion  and  keeping  of  the  Lord's  Day,  com- 
monly called  Sunday  j  a?id  for  the  more  eJfeBual  SuppreJJion  oj  Vice  and 
Immorality. 

rieamMe.  I.  TTT"  H  E  R  E  A  S  in  well  regulated  Governments,  cffedual  Care  is  always 

VV    taken,  that  the  Day  fct  apart  for  Publick  Worfliip,  be  obferved  and 
kept  holy,  and  to  ftjpprefs  Vice  and  Immorality  :  Wherefore, 


No  Perfon  to  do 

any  Work  on       \^^\q\ 


II.  W  E  pray  that  it  may  be  Enaded,  And  be  it  Enabled,  by  his  Excellency  Ga- 
iel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majeftfs 
Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted^  by  the 
Authority  of  the  fame^  That  all  and  every  Perfon  and  Perfons  whatfoever  ftiall, 

on 


LA  W.  S    of    North-Carolina.  143 

on  the  Lord's  Day,  commonly  called  Sunday^  carefully  apply  themfelves  to  the    ^-  ^-   '"'^^• 
Duties  of  Religion  and  Piety ;  and  that  no  Tradefman,  Artificer,  Planter,  La-  ^^^     X"^ 
bourer,  or  other  Perfon  whatfoevcr,  Ihall,  upon  the  Land  or  Water,  do  or  ex-  onknaTtt  of  lo^?! 
ercife  any  Labour,  Bufinefs,  or  Work,   of  their  ordinary  Callings,  ( Works  of 
Necefllty  and  Charity  only  excepted,)  nor  employ  themfelves  either  in  hunting, 
fifhing,  or  fowling,  nor  ufe  any  Game,  Sport,  or  Play,  on  the  Lord's  Day  a- 
forefaid,  or  any  Part  thereof,  upon  Pain  that  every  Perfon  fo  offending,  being  of 
the  Age  of  Fourteen  Years,  and  upwards,  fhall  forfeit  and  pay  the  Sum  of  Ten 
Shillings,  Proclamation  Money. 

in.  A  N  D  he  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  if  any  Perfon  Perrons  fwearing 
or  Perfons  fhall  prophanely  fwear  or  curfe,  in  the  Hearing  of  any  Juflice  of  the  a"ju^fti«"Io"pa°y 
Peace,  or  fhall  be  convidted  of  prophanely  fwearing  and  curfing,  by  the  Oath  of  *^*  ^^' 
one  or  more  Witnefs  or  Witnefles,  or  ConfefTion  of  the  Party  before  any  Juftice 
.or  Juftices  of  the  Peace,  every  fuch  Offender  fhall  forfeit  and  pay  the  Sum  of 
Two  Shillings  and  Six  Pence,  of  the  like  Money,  for  every  Oath  or  Curfe  :  And  PubCc  officer 
if  any  Perfon,  executing  any  Public  Office,  fhall  prophanely  fwear  or  curfe,  be-  ^""^''^^"*  <'^  <he 
ing  firlt  convifted,  as  afortfaid,  fuch  Perfon  fhall  forfeit  and  pay  the  Sum  of  Five   ^'"^'  "P^ys** 
Shillings,  of  the  like  Money,  for  each  and  every  Oath  or  Curfe. 

IV.  AND  he  it  further  EnaHed,  That  if  any  Perfon  or  Ptrfons  fhall  prophane-  vtrhM  fwearing 
ly  fwear  and  curfe,  in  the  Preftnce  of  any  Court  of  Record  in  this  Government,  ■" 'he Preience  of 
fuch  Off  jnder  or  Offenders  fhall  immediately  pay  the  Sum  of  Ten  Shillings,  of  ^g  i!"o'r  be  put  in 
the  like  Money,  for  each  and  every  Oath  or  Curfe  -,  to  be  depofited  in  the  Hands  ^^^  ^^°<^^^' 

of  the  Chairman  of  the  faid  Court,  and  by  him  accounted  for  and  paid,  as  herein 
after  is  diredted ;  or  to  fit  in  the  Stocks,  not  exceeding  Three  Hours,  by  Order 
of  fuch  Court. 

V.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  every  Perfon  Perfons   gettmg 
convided  of  Drunkennefs,  by  View  of  any  Juflice  of  the  Peace,  ConfefTion  of  the  JoTay  5^""?!' 
Party,  or  Oath  of  one  or  more  Witnefs  or  Witneffes,  fuch  Perfon  fo  convided,  "v  "^"^''^  ^^^> 
fhall,  if  fuch  Offence  was  committed  on  the  Lords  Day,  forfeit  and  pay  the  Sum  *^"     * 

of  Five  Shillings,  of  the  like  Money  ;  but  if  on  any  other  Day,  the  Sum  of  Two 
Shillings  and  Six  Pence,  for  each  and  every  fuch  Offence. 

VI.  A  N  D  for  the  better  Execution  of  all  and  every  of  the  foregoing  Orders,  juftj^s  Power  to 
Be  it  further  Enacted,  That  all  and  every  Juflice  and  Juflices  of  the  Peace,  with-  ^ear  and  deter. 
in  his  or  their  rtfpedive  County,  fhall  have  full  Power  and  Authority  to  convene  gahTft^hiTAft!" 
before  him  or  them,  any  Perfon  or  Perfons  who  fhall  offend  in  any  of  the  Parti- 
culars before  mentioned,  in  his  or  their  Hearing,  or  on  other  legal  Convi6lion  of 

any  fuch  Offence,  and  to  impofe  the  faid  Fine  or  Penalty  for  the  fame,  and  to  reflrain 

or  commit  the  Offender  until  it  be  fatisfied,  or  to  caufe  the  fame  to  be  levied  by 

'  Diflrefs  and  Sale  of  the  Offenders  Goods,  returning  the  Overplus,  if  any,  to  the 

'Owner:  And  in  Cafe  any  fuch  Offender  be  unable  to  fatisfy  fuch  Fine,  to  caufe 

him  to  be  put  in  the  Stocks,  not  exceeding  Three  Hours. 

VII.  PROVIDE!)  always.  That  all  Informations  againfl  the  aforefaid  Of-  information  to  be 
fences,  fhall  be  made  within  Ten  Days  after  fuch  Offence  or  Offences  committed,  ">='''=  i"'°  Day,, 

iand  not  after. 

VIII.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  all  Fines  Fines  arpropria. 
accruing  and  becoming  due  by  Virtue  of  this  Aft,  fhall  be  levied  as  foon  as  may  ted,  and  how  to 
be  after  Convidion,  One  Half  to  the  Informer,  the  other  Half  to  the  Ufe  of  the  ^^  '"'*'• 
Parifh  where  fuch  Offence  fhall  be  committed  -,  and  the  Chairman  and  Juflices  of 

the  ffcveral  Courcs  of  the  feveral  Counties  of  this  Province,  are  hereby  direded  to 
account  for,  upon  Oath,  and  pay  fuch  Fine  or  Fines  as  fhall  or  may  by  them, 

or 


144 


L  A  W  S    of    North-Carolina. 


y/.  D    1741     or  any  of  them,  be  received,  by  Virtue  of  this  Ad,  to  the  Churchwardens  of  the 

^ v- *  refpecStive  Parifhes  of  this  Government,  at  leaft  once  a  Year,  when  the  fame  fhall 

be  demanded  by  the  Churchwardens ;  under  the  Penalty  of  paying  the  Sum  of 
Twenty  Pounds,  Proclamation  Money,  for  every  Refufal,  to  be  levied  and  ap- 
plied as  aforefaid. 

perfonj  commit-       IX.  A N D ,be  it  further  EnaSlcdy  by  the  Authority  aforefaid.  That  if  any  Pcr- 
ti^offeuzs's!"''  fo"s  commit  Fornication,  upon  due  Convidion,  each  of  them  Ihall  forfeit  and 
pay  Twenty  Five  Shillings,  Proclamation  Money,  for  each  and  every  fuch  Of- 
fence i  to  be  recovered,  and  applied  to  the  fame  Ufe,  as  the  other  Fines  in  this  Ad. 

single  Woman  X.  AND  he  it  further  Enabled.,  That  any  Tv/o  Juftices  of  the  Peace,  upon 
and"^rdFufiif''to'  ^^^^^  ^^^  Knowledge,,  or  Information  made  to  them,  that  any  fingle  Woman 
tell  the  Faher,  within  their  County  is  big  with  Child,  or  delivered  of  a  Child  or  Children,  may 
aa/togWeSe'c"u!  caufc  fuch  Woman  to  be  brought  before  them,  and  examine  her,  upon  Oath, 
rity  to  keep  the  conccming  the  Father ;  and  if  fhe  Ihall  refufe  to  declare  the  Father,  Ihe  fhall  pay 
^^^^'  the  Fines  m  this  Ad  before  mentioned,  and  give  fufficient  Security,  to  keep  fuch 

Child  or  Children  from  being  chargeable  to  the  Parilh,  or  Ihall  be  committed  to 
Prifon,  until  fhe  fliall  declare  the  fame,  or  pay  the  Fine  aforefaid,  and  give  Se- 
lf fte  decUrej    curity  as  aforefaid:  But  in  Cafe  fuch  Woman  fhall,  upon  Oath,  before  the  faid 
the  Father,   he  Juftices,  Eccufc  any  Man  of  being  the  Father  of  a  Baftard  Child  or  Children, 
*'tlprrformThe  bcgotten  of  her  Body,  fuch  Perfon  fo  accufed  fhall  be  adjudged  the  reputed- Fa- 


ft  ill  give  Securi- 
ty to  perform  the         _  _         _  _ 

Order  of  Court  jher  of  fuch  Child  or  Children,  and  Hand  charged  with  the  Maintenance  of  the 
fame,  as  the  County  Court  fliall  order,  and  give  Security,  to  the  Juftices  of  the 
faid  Court,  to  perform  the  faid  Order,  and  to  indemnify  the  Parilh  where  fuch 
Child  or  Children  Ihall  be  born,  free  from  Charges  for  his,  her,  or  their  Main- 
tenance, and  may  be  committed  to  Prifon  until  he  find  Securities  for  the  fame,  if 
fuch  Security  is  not  by  the  Woman  before  given. 

lufticestotinato  X^-  ANDI^e  it  further  Enabled,  That  the  faid  Two  Juftices  of  the  Peace,  at 
the  next  Cuurt  their  Difcretion,  may  bind,  to  the  next  County  Court,  him  that  is  charged,  on 
w"h"beingYhe'^  Oath,  as  aforefaid,  to  have  begotten  a  Baftard  Child,  which  fhall  not  be  then 
Fath.ro/aChUd  bom  J  and  the  County  Court  may  continue  fuch  Perfon  upon  Security  until  the 
■\Yoman  fliall  be  delivered,  that  he  may  be  forth  coming  when  the  Child  is  born. 

This  AQ.  to  te  XII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  this  Ad  fhall 
readttt'iceaYear  be  PubHcly  read.  Two  feveral  Times  in  the  Year,  in  all  Parifh  Churches  and 
the^Mi'nTftc-r'&c^  Chappcls,  or  for  want  of  fuch,  in  the  Place  where  Divine  Service  is  performed  in 
p.-naity  of  every  Parifti  within  this  Government,  by  the  Minifter,  Clerk,  or  Reader  of  each 
Parilh,  immediately  after  Divine  Service,  that  is  to  fay,  on  the  Firft"  or  Second 
Sunday  in  April,  and  on  the  Firft  or  Second  Sunday  in  September,  under  the  Pe- 
nalty of  Twenty  Shillings,  Proclamation  Money,  for  every  fuchOmiflion  or  Neg- 
led ;  to  be  levied  by  a  Warrant  from  a  Juftice,  and  applied  to  the  Ufe  of  the 
Parifti  where  the  Offence  fhall  be  committed  -,  and  the  Churchwardens  of  every 
Parifh  are  hereby  required  to  provide  a  Copy  of  this  Ad,  at  the  Charge  of  the 
Parifli. 

Giercymen  liable      Xlll.  PROVIDED  ulways.  That  nothing  herein  contained  fhall  be  conftrued 

•fliment'^"  ^"""  to  excmpt  any  Clergyman  within  tliis  Government,  who  fliall  be  guilty  of  any  of 

the  Crimes  herein  before  mentioned,  from  fuch  further  Punifhment  as  might  have 

been  inflided  on  him  for  the  fame,  before  the  making  of  this  Ad;  any  Thing 

herein  contained  to  the  contrary,  notwithftanding. 

Reicaiingciaufe,  XIV.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  all  and 
every  other  Ad  and  Ads,  and  every  Claufe  and  Article  thereof,  heretofore  made, 
fo  far  as  relates  to  the  Suppreflioa  ot  Vice,  or  Reftrain  and  Punifliment  of  wicked 

and 


on 


LAWS      of     N  O  R  T  H -Ca  R  O  L  I  NA.  145- 


and  defolute  Ferfons,  or  any  Matter  or  Thing,  within  the  Purview  of  this  Ad:,    ^  ^    '7'!-'- 
is  and  are  hereby  repealed  and  made  void,  to  all  Intents  and  Purpofes,  as  if  the  *" '^ ' 


fame  had  never  been  made. 


C  H  A  P.     XV. 

An  Acl^  for  the  Tryal  oj  fmall  and  mean  Caufes, 

I.  WJ  H  E  R  E  A  S  the  Charges,  in  the  General  and  County  Courts  of  this  Pr«n>kk. 

y  Y     Province,  in  many  Attions  of  fmall  Value,  do  very  often  furmount 
the  Demand  of  the  Plaintiff  j  to  the  very  great  Damage  of  the  Parties: 

II.  WE  pray  that  it  may  be  Enaded,  /Ind  be  it  Enacted^  by  his  Excellency  Two  ]Mm  t» 
Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  Advke  and  Confent  of  his  Ma-  \^^yl^'^^^  *** 
jefty'^s  Council,  and  General  A Jj'embly  of  this  Province,  and  it  is  hereby  Enacted^  by  the  ^^  ^'"''  ^** 
Authority  of  the  fame ^  That  any  Two  Juftices  of  the  Peace  are  hereby  impowered, 

by  their  Warrant,  under  their  Hands  and  Seals,  diredtd  to  the  Sheriff,  Under- 
Sheriff,  or  Conftable,  in  all  Adions  of  Debt,  or  other  Demand  whatfoever,  for 
any  Sum  or  Matter  to  the  Value  of  Forty  Shillings,  Proclamation  Monty,  or 
under,  to  caufe  to  be  apprehended  and  brought  before  them,  any  Perfon  or  Per- 
fons  which  have  and  do  refule  or  negled  to  pay  any  Creditor  complainino-  of  his 
or  their  Debt  or  Debts,  or  Demands,  amounting  to  the  Sum  aforcfaid,  a'nd  alfo, 
to  ifTue  their  Summons  or  Summonfes  for  fuch  Witnefs  or  WitneiTes,  who  fhall 
or  may  be  required,  either  by  Plaintiff,  or  Defendant,  for  the  better  Proof,  clear-' 
ing,  and  opening  of  the  Matt.r  contcfled  between  fuch  Parties;  and  after  having 
beared  the  Parties,  and  fuch  Evidence  as  fhall  be  required  or  produced  by  them, 
and  each  of  them,  to  adjudge  and  finally  determine  all  Complaints  and  Adions  of 
Debts  and  Demands,  as  aforefaid,  before  them  brought. 

III.  AND  be  it  further  Enacted,  That  the  Plaintiff  or  Plaintiffs  obtaining  fuch  Watntiffto  make 
Warrant  or  Precept,  fhall  make  Proof  of.  his  Debt  or  Demand  before  fuch  juf-  '''"<'*'  "^  *»'' 
tices,  in  the  fame  Manner,  and  under  the  fame  Reftridions,  as  is  provided  and  °''"* 
prefcribed  by  an  Ad,  for prefcribmg  the  Method  of  -proving  Book  Debts;  otherwife 

his,  her,  or  their  Complaint  fhall  be  difmift,  with  Cofls. 

IV.  AND  be  it  further  Enacted,  That  after  Determination  of  any  of  the  Mat-  ;„«;,„  tog„„t 
ters  aforefaid  by  the  faid  Juflices,  they  are  hereby  impowered  and  required  to  iffue  Et-^uiion  upon 
Execution,  to  be  levied  upon  the  Goods  and  Chattels  of  the  Defendant  or  Defen-  ctS'or'w 
dants,  to  the  full  Value  of  the  Debt  due,  and  the  Cofts  and  Charges  hereafter  in  'J^^Body'. 
this  Ad  provided  to  be  paid ;  and  for  Want  of  Goods  and  Chatties,  to  commit 

the  Body  or  Bodies  of  the  Defendant  or  Defendants  to  the  Common  Goal,  until 
he  or  they  fhall  pay  his  or  their  Debt  or  Debts  aforefaid,  together  with  the  Cofls  •, 
and  alfo,  in  Cafe  the  Plaintiff  fhall  be  cafl,  to  iffue  Execution,  to  levy  the  Cofts 
for  the  Defendant,  or  commit  the  Plaintiff  to  Prifon  till  the  fame  is  paid,  in  the 
fame  Manner  as  the  Proceedings  were  to  be  had  againft  the  Defendant,  on  Judg- 
ment being  had  againft  him. 

cu^'cv'^^^  ^^  ?V/«r/^^r  Enacted,  by  the  Authority  aforefaid.  That  all  and  every  Gooa>  taken  Sa 
Sheriff  or  Conflable,  fhall  caufe  all  Goods  and  Chattels,  taken  in  Execution  by  Execution,  to  bi 
.  Virtue  of  this  Ad,  to  be  kept  in  fafe  Ci.ftody  Ten  Days,  and  if  the  Owner  or    '''  " 
Owners  of  fuch  Goods  fhall  not,  within  the  faid  Ten  Days,  fitisfy  the  faid  Debt, 
and  Cofts,  the  Sheriff  or  Conftable  fhall  fell  the  fame,  at  Public  Vandue;  and  af- 
ter fatisfying  the  Judgment  of  the  Juftices  as  aforefaid,  fhall  return  the  Overplus, 
u  any  there  be,  to  the  Owner. 

O  o  VL  PRO' 


1^6  L  A  W  S    of    North-Carolina. 


A.  D.    1741. 

«s ^ /      yj^  p ^Qy IJ)  ED  always^  That  the  Tender  of  the  Commodities  hereafer 

E^odit'ies°to^rf-  mentioned,  at  the  Plaintiffs  Place  of  Refidence  in  the  County,  (hail  difcharge  an/ 
charge  any  Per-  p^j-fon  Of  Perfons,  Body  or  Goods,  in  Execution  on  any  Judgment,  to  be  given 
«udonron  any  as  afoFcfaid  \  that  is  to  fay,  Tobacco,  Deer-lkins,  Bees-wax,  Tallow,  or  Ricr, 
^"'^^'"'eehriiders  ^^  ^^^^"^  ^^  ^^^  ^^'>  ^^^  granting  an  Aid  to  His  Majefty :  And  if  any  Difpute 
to^li^ew'thcC  m"  Ihall  arife  between  the  Parties,  whether  fuch  Commodities  fo  tendered  be  good 
"""*'''"*  be  for'  ^"d  merchantable,  in  fuch  Cafe  the  Juftice  or  Juftices  before  whom  fuch  Caufe 
lei°ed  to  the  pl-  was  determined,  Ihall  appoint  Two  Freeholders,  who,  upon  their  Oaths,  fhall  in- 
'htn'  bu^t  M  ""  fpe<^  the  fame ;  and  if  they  Ihall  deem  the  fame  not  good  and  merchantable  in  its 
to'"d!fcharge  the  Kind,  the  fame  (hall  be  forfeited,  and  fold  by  the  Churchwardens,  to  the  Ufeof 
^'■^^'  the  Parifh  where  fuch  Tender  (hall  be  made  •,  and  then  nothing  fhall  difcharge 

fuch  Judgment  and  Execution,  but  Money:  And  if  the  faid  Commodities  fo  ten- 
dered be  adjudged  good  and  merchantable,  the  Plaintiff  fhall  be  obliged  to  accept 
of  the  fame,  in  Difcharge  of  fuch  Debt,  and  Cofts, 

Wirrsnts  to  Save  VII.  A  N  D  he  it  further  EtiaSiedy  That  all  original  Warrants,  granted  b/Vir- 
^'^'^  '^nd'vliue'i'f  ^"^  of  this  A(ft,  fhall  have  inferted,  and  plainly  fignilied,  the  Name  or  Names 
the  Debt,  uiiert-  pf  the  Plaintiff  or  Plaintiffs,  the  Debt  demanded,  and  whether  by  Bill,  Account, 
'^'  Affumpfit,  or  otherwife,  due. 

juftie«andCon.  VIII.  A  N  D  be  it  further  Ena 51  ed^  by  the  Authority  aforefaid^  That  the  faid 
ftafaiesFees,  jufliccs,  or  their  Clerk,  fhall,  for  each  Warrant,  receive  One  Shilling  and  Three 
Pence,  Proclamation  Money,  and  for  every  Execution,  One  Shilling  and  Three 
Pence  J  and  every  Sheriff  or  Conftable,  for  every  original  Warrant  executed,  fhall 
be  allowed  One  Shilling  and  Three  Pence,  Proclamation  Money,  and  for  every 
Subpoena,  One  Shilling,  and  for  every  Execution,  One  Shilling  and  Three  Pence. 

iX.  AND  that  all  poffible  Means  may  be  ufed,  for  the  Payment  of  the  Plain- 
vent  m.y,«,'th  tiff  or  Plaintiffs  Debt,  afcr  Execution  obtained  againft  the  Body  of  the  Defendant 
hi3  conf-nt,  he  or  Defendants,  It  is  alfo  Enacted^  That  the  juflices  have  Power,  and  they  are 
trpVthVS:  hereby  impowered,  in  fuch  Cafes  where  they  fhall  judge  the  Defendant  not  worth 
the  Debt  recovered  as  aforefaid,  then,  and  not  otherwife,  by  and  with  the  Confent 
of  the  Defendant  or  Defendants,  him  or  them  to  hire  to  Labour,  at  fo  much  per 
Diem,  as  either  the  Plaintiff,  or  any  indifferent  Perfon,  will  allow,  until  the  whole 
Debt,  by  the  Produce  thereof,  be  paid ;  which  Produce  the  Juftices  are  hereby 
required  to  caufe  to  be  employed  to  no  other  Ufe  but  paying  of  the  Debt  or  Debts 
as  aforefaid. 

All  Debts,  to  the      X..  AND  be  it  further  Enact  ed,  by  the  Authority  aforefaid,  and  it  is  the  true  lit' 
Te^'try"!'^ before  tent  and  Meaning  of  this  Act,  Thiit  any  Perfon  who  remains  indebted,  by  any 
two  jufticei.      Bond,  Bill,  Specialty,  Account,  Contrad;,  Agreement,    Affumpfit,  or  otherwife 
howfoever,  to  the  Sum  of  Forty  Shillings,  Proclamation  Money,  or  under,  fhall 
only  be  fued  and  tried  before  Juftices  of  the  Peace,  in  Manner  and  Form  afore- 
said, and  no  otherwife. 

Suit  brought  for  XI.  AND  be  it  further  EnaEled,  That  every  Perfon  that  fhall  bring  any  Ac- 
vra'ateforieG  ^^^^  ^^  ^"^^'  ^"  ^"Y  ^0"''^  within  this  Province,  for  more  than  Forty  Shillings, 
Pk!topayCoftI.'  Proclamation  Money,  and  thereupon  fhall  have  a  Verdict  for  lefs  than  Forty  Shil- 
^  T«fpat^&r  ^i"g5»  'ik^  Money,  ffiall  lofe  his  Coft  of  Suit ;  except  in  Aftions  of  Trefpafs,  and 
''    '■  Adions  of  Defamation,  and  where  an  Account  is  unfettled,  and  the  Defendant 

fhall  refufe  or  negled,  upon  Notice  given  by  the  Plaintiff,  to  meet  and  fettle  the 

fame. 

Debtonierws.      XII.  AND  he  it  further  EnaSled,  by  the  Authority  aforefaid.  That  for  the 

to  be  tiyed  by  ^q^c  fpeedv  doing  of  Juftice,  where  the  Debt  or  Demand  fhall  not  exceed  Twenty 

^     '        o      J         »  -^  -J-  Shillings, 


Defendant  infol 
vent,  may,  wi 


LAWS    of    North-Carolina. 


^^7 


Shillings,  Proclamation  Money,  any  one  Juftice  of  the  Peace  (hall  have  full  Pow-    ^  d.  i74»- 
er  and  Authority,  to  hear,  try,  and  determine  all  fuch  Caufes,  in  fuch  Manner  ^^ — ~v — -^ 
and  Form  as  is  before  in  this  A(5t  provided  for  Two  Juftices,  where  the  Debt  or  ""^  ■'"'^'"' 
Demand  (hall  amount  to  the  Sum  of  Forty  Shillings ;  And  all  Sheriffs  or  Confta-  sherifs  >nd  Cob. 
bles,  to  whom  either  original  Warrants,  Subpoena  for  Witnefles,  or  Execution  ^'^.''' '°  ?=>  °: 
or  Executions  upon  Goods  and  Chatties,  or  the  Body  of  the  Defendant  or  De-  Wamnts,'  ike!" 
Icndants  as  aforefaid,  are  direded  by  any  one  or  more  Juftice  or  Juftices  of  the 
Peace,  ar>i  hereby  impowered  and  commanded  to  give  due  Obedience  in  the  Ex- 
ecution thereof,  according  to  the  true  Intent  and  Meaning  of  this  Ad. 

XIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  either  Right  of  App.aJ. 
of  the  Parties  fhall  be  diilatisfied  with  the  Judgment  given  by   the  Juftice  or  }uf- 

tics,  he  may  appeal  to  the  next  County  Court,  firft  giving  Security  for  profccu- 
ting  fuch  .Appeal  with  Effedj  which  Caufe  fhall  be  tried  and  finally  determined 
the  fame  Court,  by  a  Jury,  without  any  further  Proctfs,  in  the  fame  Manner  as 
Cauf.s  are  there  tried  brought  by  oiiginal  Writ  j  and  Judgment  fhall  thereupon 
be  given,  and  the  Party  caft  fhall  pay  the  Coft  of  all  Proceedings  had  thereon,  to 
be  taxed  by  the  Court. 

XIV.  A  N  D  be  it  further  Ena^ed,  by  the  Authority  aforefaid.   That  all  and  eve- Rep«JiogCh»ft, 
ry  oth-T  Ad  and  Ads,  and  every  Claufe  and  Article  thereof,  heretofore  made, 

fo  far  as  relate  to  the  Tryal  of  fmall  and  mean  Caufes,  or  any  other  Matter  or 
Thing  whatfoever,  within  the  Purview  of  this  Ad,  is  and  are  hereby  repealed  and 
made  void,  to  all  Intents  and  Purpofes,  as  if  the  fame  had  never  been  made. 


CHAP.    XVI. 

.4n  A5i,  for  afcertaining  the  Damage  upon  protejled  Bills  of  Exchange, 

I-  T7^  O  R  afcertaining  the  Damage  upon  protefted  Bills  of  Exchange,  We  pray  Pr^teded  Bin*  of 

X}    that  it  may  be   Enaded,  And  be  it  Ena5ted,    by  his  Excellency  Gabriel  f'"}^t,^',ft''f'"" 
joaafton,  Efq%  Governcr,  by  and  with  the  Advice  and  Confent  of  his  Majefifs  [heD^Jui  pa°* 
Council,  and  General  Affembly  of  this  Province,  and  by  the  Authority  of  the  fame^  "  lo  per  Cent. 
That  where  any  Bill  of  Exchange  Is,  or  fhall  hereafter  be  drawn,  for  the  Payment 
of  any  Sum  of  Money,  in  which  the  Value  is  or  fhall  be  ekprefTed  to  be  received, 
and  fuch  Bill  is  or  fhall  be  protefted,  for  Non-acceptance  or  Non-payment,  the 
fame  fhall  carry  Intereft  from  the  Date  thereof,  after  the  Rate  of  Ten  per  Cent,  per 
Annum,  until  the  Money  therein  drawn  for,  ftiall  be  fully  fatisfied  and  paid. 

II.  BUT  leaft  any  Perfon  having  any  fuch  Bill,  fhould,  for  the  Sake  of  the  i^t^reft  allowed 
Intereft,  delay  negotiating  the  fame,  or  if,  after  it  fhall  be  protefted,  fhall  not  de-  tut  is  Months, 
mand  Payment  thereof  of  the  Drawer  or  Indorfer,  //  is  further  Enacted  and  De-  mLS."'"''  '^*" 
dared,  I'hst  no  Perfon  whatfoever  fhall  pay  more  than  Eighteen  Months  Intereft, 
from  the  Date  of  any  fuch  Bill,  till  it  fliall  be  prefented  protefted  to  the  Drawer 
or  Indorfer  thereof. 

;  III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  where  any  i;  ^,rCr»r.  al- 
Bill,  drawn  before  the  making  of  this  Ad,  or  which  fhall  hereafter  be  drawn,  is  '"w^d  f'  ^  d™- 
or  fhall  be  protefted  as  aforefaid,  there  fhall  be  paid  unto  fuch  Perfon  or  Perlbns  of  ft^cft!!  ^^^ 
as   fhall  have  Right  to  demand  the  fame,  for  his,  her,  or  their  Damage  in   that 
Behalf  fuftained,  after  the  Rate  of  Fifteen  -per  Cent,  for  the  Sum  exprelfed  in  the 
faid  Bill,  together  with  the  Cofts  and  Charges  of  the  Proteft,  and  no  more. 

IV.  ANI> 


148  L  A  JV  S    of    North-Carolina. 

A.  D.    1741. 

Aa^.nXr'T'       ^^'  ^^^  ^^  it  further  Enacted,  by  the  Authority  aforefaid.  That  it  fliall  and 

brought  "l^ainft  may  be  lawful  for  any  Perfon  or  Perfons,  having  a  Right  to  demand  any  Sum  of 

^orkt^-<^^ti  \  Money  due  upon  a  protefted  Bill  of  Exchange,  to  commence  and  profecute  an 

feprltdy?  ^'  °'  Adtion  for  Principal,  Intereft,  and  Charges  of  Proteft,  againft  the  Drawer  and 

Indorfers  jointly,  or  againft  either  of  them  iepar-tely,  and  Judgment  Ihall  and  may 

be  given  for  fuch  Principal  Draught  and  Charges,  and  Inttreft,  after  the  Rate  of 

Ten  per  Cent,  per  Annuniy  as  aforcfaid,  to  the  Time  of  fuch  Judgment. 

RepealineCiaufe,  V.  A  N  D  h6  it  further  Enacted,  hy  the  Authority  aforefaid.  That  all  and  every 
other  A(5t  and  Adts,  and  every  Claufe  and  Article  thereof  heretofore  made,  fo  far 
as  relate  to  any  Matter  or  Thing  whatfoever  within  the  Purview  of  this  Ad:,  is 
and  are  hereby  repealed  and  made  void,  to  all  Intents  and  Purpofes,  as  if  the  fame 
had  never  been  made. 


CHAP.     XVII. 

jin  A5i^  for  regulating  Weights  and  Meafiires. 

Preamble,  I.  '^TTHEREAS  many  notorious  Frauds  and  Deceits  are  daily  committed, 

YY     by  falfe  Weights  and  Meafures  :  For  Prevention  whereof, 

Wei  bts    and         ^^'  ^^  P^'^^y  ^^^^  ^^  "^^y  ^^  Enafted,  And  be  it  Enabled,   by  his  Excellency  Ga- 

Meafures  to  be  briel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majejly's 

Standi'"/  in°  fhe  Council,  and  General  Affembly  of  this  Province,    and  it  is  hereby  Enacted,  by  the 

Exchequer,         Authority  of  the  fame.  That  no  Inhabitant  or  Trader  fhall  buy  or  fell,  or  others 

wife  make  Ufe  of  in  trading,  any  other  Weights  or  Meafures  than  are  made  and 

ufed  according  to  the  Standard  in  his  Majefty's  Exchequer,  and  the  Statutes  of 

England  in  that  Cafe  provided. 

joftices  to  pro.       III.  A  N  D  for  the  Difcovery  of  Abufes,  Be  it  further  EnaSfed,  by  the  Authority 
Weigh^tTl.'nd     aforefaid.  That  the  Juftices  of  each  and  every  County  within  this  Government, 
Meaiures,  and  a  fhall,  within  Two  Ycars  next  after  the  Ratification  of  this  Act,  at  the  Charge  of 
Keeper  thereof,  ^^^^i  County  refpeftively,  provide  fealed  Weights,  of  Half  Hundred,  Quarters  of 
Hundreds,   Half  Quarters  of  Hundreds,    Seven  Pounds,   Four  Pounds,   Two 
Pounds,  One  Pound,  and  Half  Pound  ;  and  Meafures,  of  Ell,  and  Yard,  of  Brafs 
or  Copper,  and  Meafures,  of  Half  Bufhel,  Peck,  and  Gallon,  of  dry  Meafure ; 
and  a  Gallon,  Pottle,  Quart,  and  Pint,  of  Wine  Meafure-,  (for  the  Payment  of 
v/hich  Charge,  the  faid  Juftices  are  hereby  impowered  to  levy  a  Tax  on  their  re- 
!  fpeftive  Counties,)  to  be  kept  by  fuch  Perfon,  and  in  fuch  Place,  as  the  Juftices 

of  each  refpeftive  County  fliall  appoint,  fuch  Perfon  firft  giving  fufficient  Security 
To  be  provided  to  the  faid  Juftices,  in  the  Sum  of  Fifty  Pounds,  Proclamation  Money :  And  the 
with  a  Stamp  and  faid  Juftices  fliall  alfo  find  and  provide  for  the  faid  Perfon,  a  Stamp  for  Brafs, 
Tinn,  Iron,  Lead,  or  Pewter  Weights,  or  Meafures,  and  alfo  a  Brand  for  Wooden 
Meafures,  of  the  Letters  N.  C.  upon  Pain  of  forfeiting  and  paying  the  Sum  of 
Ten  Pounds,  Proclamation  Money  •,  to  be  recovered  from  the  faid  Juftices,  by 
A(5tion  of  Debt,  Bill,  Plaint,  or  Information,  in  the  General  Court  of  this  Pro- 
vince, and  applied  to  the  Ufe  of  our  Sovereign  Lord  the  King,  for  and  towards 
the  Support  of  this  Government,  and  the  contingent  Charges  thereof. 

Who  iiiaij   try       IV.  ANTt  he  it  further  EnaEled,  by  the  Authority  aforefaid.  That  any  PerfoH 

and  ftimp  all     whatfocver  ufing  Weights  or  Meafures,  Ihall  bring  all  their  Meafures  and  Weights 

Meafur«.  *'"'     to  the  Keeper  of  the  Standard  of  the  County  where  fuch  Perfon  ftiail  rcfide  or 

'  ^    •• .    -    •  trade. 


L  A  IV  S    of    North-Carolina.  149 


trade,  to  be  there  tried  by  the  Standard,  and  fealcd  or  ftamped:  And  if  any  Per-    ■^-  ^-  '74i- 
fon  or  Perfons  (hall  buy,  fell,  or  barter,  by  any  Weight  or  Meafure  which  fliall  ^J^^\^^^  ^ 
not  .be  tried  by  the  Standard,  and  fealed  or  itamped  as  aforefaid,  he,  (he,  or  they  untrytd  Weights 
fo  offending,  fhall,    for  every   fuch  OfFence,  forfeit  and  pay  the  Sum  of  Ten  f^rfdwoi"'  '" 
Pounds,  Proclamation  Money,  one  Half  to  the  Ufe  of  the  County  where  fuch 
OfFence  fhall  be  committed,  and  the  other  Half  to  the  Party  who  (hall  fue  for  the 
fame-,  to  be  recovered  in  any  Court  of  Record  in  this  Government,  wherein  no 
Eflbign,  Protection,  Priviledge>  Injundion,  or  Wager  of  Law,  fhall  be  allowed. 

V.  AND  whereas  Steelyards,  by  Ufe,  are  fubje<5t  to  Alteratioa,  Be  it  further  steeiywds  to  be 
Ena£iedy  by  the  Authority  aforefaid^  That  all  and  every  Perfon  who  fhall  ufe,  "^'p^^^/f^'"' 
buy,  or  fell,  by  Steelyards,  fliall,  once  every  Year,  try  the  fame  with  the  Stand- 
ard, and  take  a  Certificate  from  the  Keeper  of  the  Standard  for  the  County  where- 
in fuch  Perfon  fhall  refide,  upon  Pain  of  Twenty  Shillings,  Proclamation  Money; 

to  be  recovered  and  applied  as  aforefaid. 

VI.  AND  be  it  further  EnaFied^  by  the  Authority  aforefaid^  That  it  ftiall  and  Standard- keep- 
may  be  lawful  for  the  Standard  Keeper  to  demand  and  receive  the  Sum  of  Nine 

Pence,  Proclamation  Money,  for  each  and  every  Pair  of  Steelyards,  Weights,  or 
Meafures,  by  him  ftamped  or  fealed  as  aforefaid. 

VII.  AND  be  it  further  Ena5fed.y  by  the  Authority  aforefaid.  That  the  Stand- 
ard-Keeper of  each  and  every  County,  fhall,  at  the  next  Court  to  be  held  for  the 
County  in  which  he  fliall  refide,  take  the  following  Oath,  'viz. 

YO  U  fhall  fwear,  'That  you  will  not  flamp,  feal,  or  give  any  Certificate  for  "'« Oath. 
any  Steelyards,  Weights,  or  Meafures,  but  fuch  as  fhall,  as  near  as  poffible, 
agree  with  the  Standard  in  your  Keeping  ;  and  that  you  will,  in  all  Refpects,  truly 
and  faithfully  difcharge  and  execute  the  Power  and  Trufi  by  this  Act  repofed  in  you., 
to  the  befi  of  your  Ability  and  Capacity.  So  help  you  God. 

VIII.  AND  be  it  further  Enabled,  by  the  Autority  aforefaid.  That  the  Stand-  ^"^'^^'c.'Sk' 
ard-Keeper  of  each  and  every  County  in  this  Government,  is  hereby  impowered  T^y  "fcarch  \uf- 
and  required,  with  the  AfTiftance  of  a  Conftable,  ( who  is  hereby  commanded,  up-  P"^"i  "  "^'-■?  ^ 

■VT      •  J  1  •  T    .-  •  ,  ,  .  ^    '  ^  '        r      and    ;f  snv  falfe 

on  JNotice,  to  attend  hmi,  upon  Information  made  to  him  of  any  Perfon  or  Per-  Wrghtt,  &c.  be 
fons  keeping,  or  having  in  his  or  their  Houfe  or  Cuftody,  any  Steelyards,  Weights,  b;"""^;h-'e"owner 
or  Meafures,  which  have  been  altered,  lefTened,  or  Ihortned,  fince  they  were  tried  of"vm\-ver  to 
and  fealed  by  the  Standard,  or  fhall  be  fufpeded  of  buying,  felling,  or  barttring  f '„,',,  gury,\he 
by  fuch  falfe  Weights  and  Meafures,)  to  fearch  the  Houfes  or  other  fufpedted  curt  may'fine 
Places  of  fuch  Offender,  for  any  fuch  Weights  or  Meafures  fo  falfified ;  and  if,  up-  ^".tS^s  f 
on  Search,  any  fuch  falfe  Weights  or  Meafures  fliall  be  found,  he  fhall  charge  a 
Conftable  with  the  Owner  of  them,  or  the  Perfon  ufing  them,  who  fhall  forth 
with  convey  him,  her,  or  them,  before  any  Juftice  of  the  Peace,  who  is  hereby 
directed  to  bind  him,  her,  or  them,  over  to  the  next  Court  to  be  held  for  the 
County  where  the  OfFence  fhall  be  committed  ;  and  the  faid  OfFence  fhall  be  laid 
before  the  Grand  Jury,  by   the  King's  Attorney-General,  or  his  Deputy,  and  for 
Want  of  them,  by  any  Perfon  the  Qounty  Court  fhall  think  fit  to  appoint,  and 
fhall  be  cognizable  by  the  faid  Grand  Jury,  either  by  Indidment,  or  Prefentment ; 
and  if,  upon  Tryal  by  a  Petit  Jury,  fuch  OfFender  or  OfFenders  fhall  be  found  guil- 
ty, the  County  Court  fhall  fine  each  and  every  Perfon  fo  convided,  in  any  Sum 
not  exceeding  Twenty  Five  Pounds,  Proclamation  Money-,  One  Third  Part  there- 
of to  the  Informer,  One  Third  Part  to  the  Standard-Keeper,  and  One  Third  Part 
thereof  to  be  paid  to  tlie  Juftices  of  the  County,  to  be  applied  to  the  Ufe  of  the 
County  where  the  OfFence  fhall  be  committed ;  and  fhall  commit  the  Offender  to 
Goal  until  the  fame  fhall  be  paid :  And  further,  if  it  appear  to  the  County  Court,  if  fueh  Owner 
by  the  Verdid  of  the  Petit  Jury,  that  the  OfFender  altered,  leflened,  or  fhortncd  SJ^Lt,  &c. 

P  P  his  '     ' 


i^o  L  A  W  S    of    North -Carolina. 


yj.  D.  1741.    j^is  or  her  Steelyards,  Weights,  or  Meafures,  or  caufed  the  fame  to  be  done,  or 

**- v^ ^  ufed  iuch  Steelyards,  Weigncs,  or  Meafures,  knowingly,  after  they  were  fo  alter- 

SiuJr'beiid".  ed,  IcC-ned,  or  Ihortned,  with  an  Intent  to  defraud  any  Perfon -,  in  fuch  Cafe  the 
paying  the  Fine,  Qouj-j;  (hall,  befidcs,  and  notwithftanding  the  faid  Fine,  fentence  fuch  Offender 
puior'ya  Horns!  to  ftand  pubUckly,  during  the  Sitting  of  the  Court,  Two  Hours  in  the  Pillory, 

with  his  Offence  written  over  his  or  her  Head :  Any  Law,  Cuftom,  or  Ufage  to 

the  contrary,  notwithftanding. 

Nav»i  officer  to  IX.  A  N  D  he  it  further  Enabled,  by  the  Authority  cforefaid^  That  the  Naval 
fct  up  in  his  Of.  Officer  of  each  and  every  Port  within  this  Government,  (hall  affix  up,  in  a  Pub- 
"^""of  thfsAftl  lie  Part  of  his  Office,  and  there  coiifcantly  keep  affixed,  an  Advertifement  of  this 


snent 
en   P( 


en.  of  5s.  ^^^  ^^^^  Ttaders  coming  into  *this  Government  may  have  Notice  thereof,  upon 
Hours  Ncgiea.  Pain  of  forfeiting  Five  shillings,  1  roclaniation  Money,  for  every  Twenty  pour 
Hours  the  fame  Ihall  be.  neg'letted  ;  to  be  recovered,  by  a  Warrant  from  any  Juf- 
tice  of  the  Peace  of  the  County  where  the  Offtrnce  Ihall  be  committed,  by  any  Per- 
fon who  (hall  fuc  for  the  fame,  and  applied,  One  Half  to  the  Informer,  and  the 
other  Half  to  the  Cf-  cf  the  faid  County. 

juftices  may  take  X.  A  N  D  06  it  further  Ena£fed^  by  the  Authoriy  afcrefaidt  That  the  Juftices 
fncTMLiyrea^in-  of  evcry  County  rcfpcdivcly,  (hallhave  Power  to  take  and  receive  into  their  Cuf- 
to  thdr  Cuftt ;.iy,  fody,  all  fucii  Weights  and  Meafures  as  have  been  already  provided  by  their  re- 
simsTaifld  w  fpeclive  County  or  r^arifli,  and  fhall  alfo  demand  and  receive  from  all  and  every 
provide  fnrh  Perfon  or  Perfons  whatfoever,  all  fuch  Sums  of  Money  as  have  been  already  raifed 
ejg  ts,  c.  ^^  purchafe  fuch  Weights  and  Meafures,  and  difpofe  of  and  apply  the  fame,  ac- 
cording to  the  Diredions  ot  this  Act. 

KepMiiagCiaufe.  XL  AND  be  it  further  Ena^led^  by  the  Authority  aforefaidy  That  all  and 
every  other  Ad  and  Ads,  and  every  Claufe  and  Article  thereof,  heretofore  made, 
fo  far  as  relate  to  Weights  and  Meafures,  or  any  other  Matter  or  Thing  within 
the  Purview  of  this  Ad,  is  and  are  hereby  repealed  and  made  void,  to  all  Intents 
and  Purpofes,  as  if  the  fame  had  never  been  made. 


CHAP.     XVIII. 

'  An  lABy  for  the  building  and  maintaining  of  Court-houfes,  Prifons^  and 
Stocks,  in  every  County  nvithin  this  Province^  and  appointing  Rules  to 
tach  County  Prijan,  for  Debtors. 

tcimeei  to  lay  t  I.  T  T  7  E  pray  that  it  may  be  Enaded,  And  he  it  Enabled,  by  his  Excellency  Ga-" 
Tax,  for  building  \^  btiel  Johnfton,  Efq ;  Governor^  by  oAid  with  the  Advice  and  Confent  of 
Prifonsj&stocki.  his  Mojefty's  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  EnaSt' 
ed,  by  the  Authority  of  the  fame,  I'hat  the  Juftices  in  all  and  every  County  or 
Counties  within  this  Province,  where  there  is  not  fuitable  Provifion  already  made, 
fhall,  and  are  hereby  impowered  and  requirei^,  at  the  next  fucceeding  Court  of  their 
refpedive  Counties,  after  the  Ratification  of  this  Ad,  to  lay  a  fufficient  Levy  up- 
on the  Inhabitants  of  their  faid  Counties,  not  exceeding  One  Shilling,  Proclamati- 
on Money,  per  Poll,  for  Two  Years,  for  the  building  a  Court-houfe,  Prifon,  and 
Stocks,  or  any  fuch  of  them  as  (hall  be  wanting  -,  which  Levy  ftiall  be  paid  and 
colleded  by  the  Sheriff  of  each  County,  in  the  fame  Manner  as  all  other  Public 
and  Parifh  Taxes  and  Levies  are  paid  and  colleded,  and  by  him  (hall  be  account- 
ed for  to  the  Juftices  of  the  County  Court,  upon  Oath  j  and  the  fiud  Sheriff  fhall 
be  allowed  Three  per  Cent,  for  colleding  the  fame,  .  ,  , 

II.  AND 


LAWS      o/'     N  O  R  T  H  -  C  A  R  O  L  I  N  A.  1 5 1 


in 


i»-  A.  D.    1741. 

II.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Juftices  .^~^  ' 
of  each  County  fhall:  and  may,  from  Time  -to  Time,  and  at  all  Times  hereafter,  p"y  'pcrfens  'w 
employ  Perfons  to  keep  and  maintain  the  Court-houfe,  Prifon,  and  Stocks,  airea-  ^"^^'^7 
dy  buiJt,  and  Hich  as  arc  to  be  built,  by  Virtue  of  this  or  any  other  Aft,  or  to  re-  Repiir'. 
build  fuch  as  have  fallen  to  Decay  or  Ruin,  "and  the  fame  to  keep  in  good  Repair, 

by  hying  a  Poll-Tax  on  the  Inhabitants  of  their  refpe6tive  Counties  as  aforcfaid. 

III.  AND  h  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Per-  Pcrfois  negieft- 
fon  fhall  negleft  or  refufe  to  pay'  the  aforefaid  Levies,  in  Manner  aforefaid,  and  L^vje"  lilwe'^o 
Ihall  be  in  Arrear  after  the  laft  Day  of  Payment,  fuch  Perfon  fhall  be  liable  to  dou-  duubie  DiHrefj. 
ble  Diftrefs ;  to  be  f^vied  on  his  Goods  and  Chattels  by  the  Sheriff  of  the  County 

where  fuch  Delinquent  inhabits  :•  And  for  the  Prefervation  of  the  Health  of  fuch  [^"""^^J  ^p^fo^" 
Perfons  as  fliall,  at  any  Time  hereafter,  be  committed  to  the  County  Prifons,  the  Bounds ;  and  aU 
Court  Ihall  huve  Power  to  mark  out  fuch  a  Parcel  of  Land  as  they  fhall  think  fit,  i*''''""^"'    °o« 
not  exceeding  Six  Acres,  adjoining  to  the  Prifon,  tor  the  Rules  thereof ;  and  Feicny  or  Trea- 
every  Prifoner,  not  committed  for  Treafon  or  Felony,  giving  good  Security  to  t"^",' ^he'l-eof^on 
the  Sheriff  of  the  County  to  keep  within  the  faid  Rules,  fhall  have  Liberty  to  walk  giving  Security. 
therein  out  of  the  Prifon,  for  the  Prtfervation  of  his  or  their  Health :  And  every 
Prifoner  giving  fuch  Security  as  aforefaid,  and  keeping  continually  within  the  faid 
Rules,  fhall  be,  and  is  hereby  adjudged  and  declared  to  be,  in  Law,  a  true  Prifon- 
er -,  and  that  every  Perfon  therewith  concerned  may  know  the  true  Bounds  of  the  ^^"^^"j^  ^°^l  J*^ 
faid  Rules,  the  fame  fliall  be  recorded  in  the  County  Records,  and  the  Marks  there-  newed.' 
of  fhall,  from  Time  to  Time,  be  renewed,  as  Occafion  fhall  require. 


CHAP.     XIX. 

An  AB,  the  better  to  enable  the  Commijfioners  appointed  for  building  & 
Church  at  Newbern,  to  ercci  the  fame,  and  to  impower  them  to  demand 
.    and  receive,    of  any  Perfon  or  Verfons,    all  Parifo  Levies  already  laid 
:    and  not  appropriated  -,  and  for  other  Purpofes  therein  mentioyied. 

I.  TT  7  H  E  Pv  E  A  S  by  an  Ad  of  AfTembly  of  this  Province,  pafTed  the  laft  Privnt. 

y  Y  Sefiion,  enabling  the  Commifiloners  therein  appointed  to  eredl  and  build 
a.  Church  in  Nfwbern,  and  the  better  to  enable  them  to  carry  on  and  finifh  the 
fame,  they  were  impov/ered  to  levy  a  Tax  of  One  Shilling  and  Six  Pence,  for  the 
Two  then  enfuing  Years,  on  each  Tythable  in  the  faid  Parifh;  and  the  faid  Tax 
being  found  infufficient  to  finifh  the  faid  Church :  And  whereas  there  was  laid, 
by  the  late  Veftry,  on  the  Inhabitants  of  the  faid  Parifh,  a  Tax  of  Fifteen  Shillings 
per  Poll,  on  each  Tythable,  for  paying  a  Minifter  for  the  enfuing  Year,  and  the 
fucceeding  Veflry  not  thinking  fit  to  employ  a  Minifter,  the  faid  Tax  thereby  re- 
mains, as  yet,  unappropriated  to  and  for  any  Parifh  Ufe : 

":  II.  W  E  therefore  pray  that  it  may  be  Enaded,  And  he  it  Enacted,  by  his  Ex^ 
cellency  Gabriel  Johnflon,  Ef(i ;  Governor,  by  and  with  the  Advice  and  Confent  of 
his  Majefifs  Council,  and  General  Affembly  of  this  Province,  and  by  the  Authority 
cf  the  fame.  That  the  faid  Tax  of  Fifteen  Shillings,  fhall  be  appropriated  to  and 
for  the  building  and  finifhing  the  faid  Church. 

-  III.  A  N  D  he  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  the  Church- 
•Wardens  of  the  faid  Parifh  fhall,  on  or  before  the  Firfl  Day  of  May  next,  after  the 
Ratification  of  this  Ad,  account  for  and  pay  to  theCommiflioners  appointed  by  the 
before-recited  Ad,  all  fuch  Sum  or  Sums  of  Money  as  they  IhaU  have  received  oij 

Ac- 


152  LAWS    o/'    North-Carolina. 


A. 


' — V — 


D.  1741^  Account  of  the  aforefaid  Tax  or  Levy  of  Fifteen  Shillings,  under  the  Penalty  of 
One  Hundred  Pounds,  Proclamation  Money ;  to  be  fued  for  and  recovered,  in 
the  General  Court  of  this  Province,  by  A(5lion  of  Debt,  Bill,  Plaint,  or  Informa- 
tion, (wherein  no  Effoign,  Injunftion,  or  Wager  of  Law,  fhall  be  allowed  or  ad- 
mitted of,  )  by  any  Perfon  who  will  fue  for  the  fame  ;  to  be  applied  to  the  Ufe  of 
.  the  faid  Church :  And  all  Perfons  who  have  not  paid  the  aforefaid  Tax  or  Levy 
to  the  Churchwardens  as  aforefaid,  fhall,  on  or  before  the  laft  Day  of  May  next, 
after  the  Ratification  of  this  A6t,  pay  the  fame  to  the  faid  Commiflioners,  or  to 
fuch  Perfon  whom  the  Majority  of  them  fhall  appoint  to  receive  the  fame,  under 
the  Penalty  of  double  Diftrefs  •,  to  be  levied  by  a  Warrant  from  One  Juftice  of  the 
Peace  for  the  faid  County,  and  to  be  applied  as  afor.efaid. 

IV.  AND  whereas  the  faid  CommifTioners  have  made  One  Hundred  Thoufand 
Bricks,  towards  building  the  faid  Church ;  and  fome  of  the  faid  Bricks  being  deem- 
ed infufficient  for  the  faid  Work-,  Be  it  therefore  further  Ena5fed,  by  the  Authority 
aforefaid.  That  the  faid  CommifTioners,  or  the  Majority  of  them,  may  fell  or  dif- 
pofe  of  any  fuch  Bricks  as  the  faid  Commiflioners  fhall  judge  not  fitting  or  fufBcient 
for  the  building  of  the  faid  Church,  and  apply  the  Money  arifing  by  fuch  Sale,  to 
the  Ufcs  aforementioned. 


CHAP.    XX. 

Aft  Adiy  for  regulating  Ordinaries^  and  Jor  Rejiraint  of  ^ippling-houfes, 

Pmmbie.  J.  T  T  7"  H  E  R  E  A  S  the  Laws  at  prefent  in  Force  in  this  Province,  have,  by 

VV     Experience,  been  found  inelFeftual  for  the  due  Regulation  of  Ordi- 
naries, and  other  Houfes  of  Entertainment : 

Retailers  cf  Li-  IT.  WE  pray  that  it  may  be  Ena<^ed,  Jnd  be  it  EnaBed,  by  his  Excellency  Ga- 
feded  Me^Le"!!  ^^^^^  Johnllon,  £/ji  Govemor,  by  and  with  the  Advice  and  Confent  cf  his  Majejiy^s 
Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame.  That  all  Perfons  whatfoever,  retailing  Liquors  after  the 
Firfl  Day  of  Augufi  next,  fhall  fell  the  fame  by  fealed  Meafures,  according  to  an 
Aft,  intituled.  An  Act,  for  regulating  Weights  and  Meafures. 

Ordinary-keepers  HI.  P  RQ  V  ID  ED  always.  That  it  fhall  and  may  be  lawful  for  any  Perfon, 
S^Bo»ies,"'&c!  retailing  Liquors  by  Licence  in  any  Public  Houfe  or  Houfes,  to  fell  the  fame  in 
for  what  they  Bottles,  Bowls,  Or  Muss,  the  faid  Bottles,  Bowls,  and  Mugs,  being  fold  for  no 
more  than  they  hold  or  contain. 


contain. 


Perfons  retailing  IV.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  from  and 
LKence,  To 'for '  ^^cr  tlic  Fitft  Court  in  each  County,  after  the  Firft  Day  of  May  next,  whoever 
feit5J.  fhall  retail  Liquors  in  any  Houfe,  Booth,  Arbour,  Stall,  or  other  Place,  with- 

out Licence  firft  had  and  obtained,  according  to  the  Direftions  of  this  Aft,  fhall 
forfeit  and  pay  Five  Pounds,  Proclamation  Money  -,  One  Half  to  the  Governor  or 
Commander  in  Chief  for  the  Time  being,  and  the  other  Half  to  the  Informer;  to 
Method  of  ob-  be  recovered  as  herein  after  is  direfted:  And  that  the  Method  of  obtaining  fuch 
J^'AnKs!^'''^'""''^  Licence  fhall  be  as  follows ;  Wholbever  intends  to  fet  up  an  Ordinary,  or  Houfe 
of  Public  Entertainment,  fhall  petition  the  County  Court,  and  they,  at  there  Dif- 
cretion,  fhall  judge  whether  it  is  convenient  to  fuffer  fuch  a  Houfe  to  be  there  fet 
up,  whether  the  Petitioner  be  of  Ability  fufRcient  to  comply  with  the  Intent  of  the 
Law,  and  the  Condition  of  the  Bond  hereafter  mentioned,  and  whether  the  Surety, 
who  is  to  join  in  the  Bond,  be  refponfible,  and  thereupon  to  grant  or  rejeft  the 
Prayer  of  the  Petitioner  accordingly  j  and  in  Cafe  the  faid  Petitioner  fhall  be  apr 

proved 


L  A  J^y  S    of    North-Carolina.  "  153 


proved  of,  the  Court  (hail  then  take  Bond  of  the  Party  petitioning,  with  good    ^- -d.   1741- 
and  fufficienc  Surety,  with  the  Penalty  and  Condition  as  foiloweth,  wz.  *■        v       *_ 

K  2^  O  ^y  all  Men  by  thefe  Prefents^  That  we^  A.  B.  andC,  D.  arc  held  and  ^^''^• 
firmly  bound  unto  our  Sovereign  Lord  George  the  Second,  by  the  Grace  of  God, 
of  Great  Britain,  France,  and  Ireland,  Kmg,  Defender  of  the  Faith,  &c.  in  the 
Sum  of  Thirty-  Pounds,  Proclamation  Money ;  to  be  paid  to  our  faid  So'vcrcign  Lord 
the  King,  his  Heirs  and  Succeffors,  for  the  Ufe  of  this  Province:  To  which  Payment 
well  and  truly  to  be  made,  we  bind  our  felves,  and  every  of  us,  our,  and  every  of 
our  Heirs,  Executors,  and  Adminiftrators,  jointly  and  feverally,  frmly,  by  thefe 
Prefents.     Sealed  tvith  our  Seals,  and  dated  this  Day  of 

TH  E  Condition  of  this  Obligation  is  fuch.  That  whereas  the  above  bounden  c-=nJition. 
A.  B.  hath  obtained  a  Licence  to  keep  an  Ordinary  at    ' 
if  therefore  the  faid  A.  B.  doth  conilantly  find  and  provide,  in  his  faid  Ordinary^ 
good,  wholfjme,  and  cleanly  Lodging  and  Dyet  for  Travellers,  and  Stable,  Fod- 
der, and  Corn,  or  Pafturage  and  Corn,    as  the  Seafon  fhall  require,  for   their 
Horfes,  for  and  during  the  Term  of  One  Year,  from  the  Day  of 

and  ftiall  not  fuffer  or  permit  any  unlav/ful  Gaming  in  his  Houfe,  nor,  on  the 
Sabbath  Day,  fufter  any  Perfon  to  tipple  and  drink  more  than  is  neceffary  •,  thep 
this  Obligation  to  be  null  and  void :  Otherwife  to  be  and  remain  in  Force. 

The  Bond  being  thus  taken,  the  Court  lliall  grant  their  Order,  and  the  Clerk  Bond  fo  taken, 
{ha.ll  thereupon  prepare  a  Licence,  and  fign  the  fame;  and  that  Licence  fhall  con-  Jcence" for" one 
tinue  and  be  of  Force  for  One  Year  only,  from  the  Date  of  the  faid  Order,  and  v.". 
no  longer. 


Go- 
Li- 


V.  AN  B  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  there  be  paid,  J'^'^^J°  *^\^  ^,. 
by  the  Party  obtaining  fuch  Licence,  to  the  Governor  or  Commander  in  Chief  of  ^en""^  aor'^to 
this  Province  for  the  Time  being,  for  his  Licence,  the  Sum  of  Twenty  Shillings,  thecicrk,  5« 
Proclamation  Money  -,  and  to  the  Clerk  of  the  Court,  for  v/riting  the  Bond  and 
Licence,  the  Sum  of  Five  Shillings,  Proclamation  Money. 


VL  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  if  any  Or-  f;/^."^*;^^=^^„;. 
dinary-keeper  fhall  permit  in  his  Houfe  unlawful  Gaming,  or  fliall  fuffer  any  Per-  d.riy  Hour«,  a 
fon  or  Perfons,  on  the  Lord's  Day,  to  tipple  in  his  Houfe,  or  drink  more  than  £';,;";hS 
is  neceffary,  or  fhall  (without  Licence  from  their  refpedtive  Mafters,)  harbour  any  may  fupprefs  the 
Seaman,  Servant,  or  Slave,  contrary  to  the  Latent  and  Meaning  of  this  Act,  it  ^^^^^^^  5,^"^; 
fhall  be  lawful  for  any  Two  Juftices  of  the  Peace,  upon  their  own  View  or  Know-  the  offender  un- 
Jedge,  or  upon  Proof  made  to  them,  by  the  Oath  of  one  credible  Witnefs,  to  fup-  [,!.  gr"nred,Tr"hs 
prefs  the  faid  Ordinary,  until  the  next  fucceeding  Court;  and  upon  Certificate  beieftor-d. 
made  by  the  fiid  Two  Juftices  of  the  faid  Offence,  and  further  Enquiry  into  the 
fame,  the  faid  County  Court  fhall  difablc  the  Offender  from  keeping  Ordinary 
thereafter,  until  they  fhall  think  fit  to  grant   him  a  new  Licence,  or  to  reflore  him 
to  keep  Ordinary  upon  the  former  Licence,  as  they  fliall  fee  Caufe :  And  if  any  \'^f^l^^^^^l^ 
Ordinary-keeper  fhall  fell  or  retail  any  Liquor,  after  he  hath  been  fo  difcharged  bXiV  hrit  re- 
by  the  aforefaid  Two  Juftices,  and  before  he  fhall  be  reflored  by  the  Court,  he  f^^'^^J'tl'  1 
fhall  be  liable  to  all  the  Penalties  and  Forfeitures,  as  if  he  had  never  obtained  a  tailing  without 

L  Licence, 

icence. 

VIL  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Juflices  court  annually 
of  each  County  fhall.  Annually,  at  the  next  Court-held  after  the  Firft  Day  of  May,  '^"^^J^^;,^;^;;;';/' 
fet  and  rate  the  Prices  that  Ordinaries  fhall  entertain  and  fell  at ;  that  is,  of  Liquors, 
according  to  the  Meafurcs  before  mentioned,  and  of  Dyet,  Lodging,  Fodder,  or 
Provender,  or  Corn  and  Pafb.irage. 

(^q  ym.  AND 


154  Zz/^/^'So/'North-Carolina. 


A,  D.    1741. 

o^I^ke'eT^      VIII.  ANB  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Or- 

ers  taking  more  dinary-kecper  fliall  afk,  demand,  or  receive,  a  greater  Price  for  any  Drink,  Dyet, 

Pric"3'\Vforfeit  lodging,  Foddcr,  Provender,  Corn,  or  Pafturage,  than  fhall  be  fet  down  and 

10*. '  '   rated  by  the  Juftices  of  the  County,  according  to  this  A6V,  he  or  fhe  fhall,  for 

every  fuch  Offence,  forfeit  and  pay  Ten  Shilhngs,  Proclamation  Money,  to  the 

Informer ;  to  be  recovered,  with  Colts,  by  the  Warrant  of  any  Juftice  of  the 

Peace  of  the  County  where  fuch  Offence  fhall  be  committed. 


J/ ^r 'ra'^.d^'  ^^'  ^^^  ^^  ^^  further  Enabled,  hy  the  Authority  aforefaid.  That  every  Or- 
Prices  fet' up  in  dinary-kccpcr  Ihall,  within  One  Month  after  the  Rates  fhall  be  fet  by  the  County 
Pen'o"'"?'°"  ^^^^^  whtre  the  Licence  was  granted,  obtain  of  the  Clerk  a  fair  Table  of  the 
Rates  and  Prices  fet  by  the  Court,  for  which  the  Clerk  may  afk  and  receive  Two 
Shillings  and  Six  Pence,  Proclamation  Money,  and  no  more ;  which  Table  fhall 
be  openly  fet  up  in  the  common  entertaining  Room  of  the  faid  Ordinary,  and  there 
conftantly  kept  during  One  whole  Year,  or  until  the  Rates  fhall  be  again  fet  by 
the  Court :  And  every  Ordinary- keeper  failing  herein,  fhall  forfeit  and  pay  the 
Sum  of  Five  Pounds,  Proclamation  Money. 

perfon.  keep'ng  •  X.  AND  be  it  further  Enacted,  hy  the  Authority  afore  faid.  That  if  any  Per- 
Sp?int"d"  wn  ^^"^^  contrary  to  the  true  Intent  and  Meaning  of  this  Ad,  fhall  keep  a  Tippling- 
the  Fine,  or  houfc,  Or  retail  Liquor  as  aforefaid,  without  Licence,  and  being  thereof  lawfully 
w'pTy  ^r^  convided,  fhall  not  pay  down  the  faid  Fine  of  Five  Pounds,  Proclamation  Mo- 
Monvh,  to  have  Hcy,  Or  forthwith  give  Security  to  pay  the  fame,  within  One  Month  next  after 
Whipping-Poll  5  fuch  Convidlion,  he  or  fhe  fo  offending,  fhall  immediately,  by  Order  of  the  Court 
indfor^thefecond  beforc  whom  fuch  Conviftion  fhall  be,  receive,  at  the  Public  Whipping-Pofl, 
faiis"'to  p\y,  *to  on  his  or  her  bare  Sack,  Thirty  Lafhes,  well  laid  on,  for  the  firft  Offence,  in 
LTbe'co^'*;"'  ^^'^^  of  the  faid  Fine ;  and  for  the  Second,,  and  every  future  Offence,  upon  re- 
ted  to  fr, r,n  for  fufiHg  to  pay  or  give  Security  for  the  faid  Fine  as  aforefaid,  he  or  fhe  fhall,  by 
o^ifsS'  '"''^  Order  aforefaid,  receive  Thirty  Nine  Laihes  as  aforefaid,  and  fhall  be  committed 
Offender  not  able  to  Prifon  for  the  Space  of  One  Month,  without  Bail  or  Mainprize :  And  where 
aa^'t-; b-"char7d  ^'^^  Offender  is  not  able  to  pay  the  Fine,  in  that  Cafe  the  Informer  fhall  not  be 
with  Fees.         chargeable  with  any  Fees,  accrued  by  Reafon  of  fuch  Information. 

?rf 'ot7.  Si" r  ■^^'  ^^^^^^t  further  Enacted,  by  the  Authority  aforefaid.  That  no  Ordinary- 
quors  to  nny  s.n-  keeper  or  MafbtT  of  a  Tippling-houfe,  or  any  Perfon  whatfoever,  fhall,  after  the 
lorin  .au;,!P.y    Ratification  of  this  Adt,  truft  or  fell  Drink  to  any  common  Sailor,  in  aftual  Pay 

with   ut  L'ave  of  ,  ,  .  -rrrr^i  -i-  i-r-.  •  -i  x  r      ^        -n.  x    n 

th.Mafter;nor  On  board  any  ohip  Or  Vefiel  withm  this  Provmce,  without  Leave  or  the  Mafler 
Se'ror'ut-  ^^  ^"^^  -^'f*  '^^  Veffel,  for  any  Value  whatfoever  upon  Credit,  under  the  Penalty 
lefs  the  Party  of  lofiHg  all  the  Moucy  trufted  to  fuch  Sailor  as  aforefaid  •,  nor  fhall  fell  Drink, 
Sn.on.tn'gaii  "pon  Trufl,  to  any  Perfon  whatfoever,  to  a  greater  Value  than  Ten  Shillings, 
above  iGs.  Proclamation  Money,  unlefs  the  Perfon  fo  trufted  fhall  fign  a  Book,  in  Acknow- 
^ledgment  of  the  faid  Debt ;  under  the  Penalty  of  lofing  all  the  Money  fo  trufled, 

over  and  above  the  faid  Sum  of  Ten  Shillings,  Proclamation  Money  j  and  the 

Perfon  fo  trufled,  fhall  not  be  hable  to  pay  the  fame. 


Fines  jppropiia,  XII.  A  N D  he  it  further  Enalicd,  hy  the  Authority  aforefaid.  That  all  Penalties," 
Fines,  and  Forfeitures,  in  this  Aft,  the  Method  of  recovering  or  applying  where- 
of are  not  herein  particularly  diredled,  fliall  be.  One  Half  to  the  Churchwardens 
and  Vellry  of  the  Parifh  where  fuch  Fine  is  incurred,  for  and  towards  the  con- 
tingent Charges  of  the  Parifh,  and  the  other  Half  to  him  or  them  that  fhall  fue 
for  the  fame ;  to  be  recovered,  with  Cofls,  by  Adion  of  Debt,  Bill,  Plamt,  or 
Information,  in  any  Court  of  P^ecord  within  this  Province;  wherein  no  Effoign, 
Protedion,  or  Wager  of  Law,  fliall  be  allowed. 

XIIL  PRO' 


LAWS    o/'North-Carolina.  j^^ 


A^.     ,741. 

XIII.  P ROFI D E D  alwaysy  That  nothing  herein  contained,  fliall  be  con- 


Not  to   hinder 


ftrued,  deemed,  or  taken,  to  prohibit  or  reftrain  any  Merchant  or  other  Perfon,  Mcci.ants  from 
to  fell,  by  Retail,  Wine,  Brandy,  Rum,  or  Spirits,  in  any  Quantity  not  lefs  than  '"' ^Ji"^^';;;'^;'";;; 
a  Quart,  or  Ale,  Beer,  or  Cyder,  in  any  QuaKtity  not  lefs  than  a  Gallon,  if  none  ootdrtnk»t their 
of  the  faid  Liquors  are  allowed  to  be  tippled  or  drank  out  at  the  Houfes,  Stores,  "^"'^•' 
or  Plantations,  where  the  lame  are  fold. 

XIV.  ANB  he  it  further  Enacted,  by  the  Authcrity  aforefaidj  That  all  and  Rcp«aiiogCU«fc, 
every  A<5t  and  Ads,  and  every  Claufe  and  Article  thereof  heretofore  made,  lb  far 
as  relate  to  regulating  Ordinaries,  and  Reftraint  of  Tippling-houfes,  or  to  any  other 
Matter  or  Thing  whatfoever  within  the  Purview  of  this  A6t,  is  and  are  hereby 
repealed  and  made  void,  to  all  Intents  and  Purpofes,  as  if  the  fame  had  never  been 
made. 


CHAP.    XXI.  \ 

An  AB,  for  the  Relief  of  fuch  Perfo?is  as  have  fuffered,  or  may  fuffer, 
by  the  Regijlers  of  the  feveral  Counties  ivithin  this  Province  negkSling 
to  regifter  their  Deeds  or  mefne  Co?iveyances ;  or  'who,  through  Igno- 
ranee  or  NegleB^  have  not  had  the  fame  acknowledged,  proved,  and  re- 
gijlred, 

I.  TT  7  HERE  AS,  by  an  Ad  of  the  General  Affembly  of  this  Province,  preaaiMti 

Y  Y  intituled.  An  A£l,  to  appoint  Public  Regifters,  and  to  dire£t  the  Method 
to  be  obferved  in  conveying  Lands,  Goods,  and  Chattels,  and  to  prevent  fraudulent 
Deeds  and  Mortgages,  amongft  other  Things  it  is  Enacted,  That  no  Conveyance 
or  Bill  of  Sale  for  Land,  (other  than  Mortgage,)  in  what  Manner  or  Form  foever 
drawn,  fhould  be  good  and  available  in  Lav/,  unlefs  the  fame  was  acknowledged 
by  the  Vender,  or  proved,  by  one  or  more  Evidences,  upon  Oath,  either  before 
the  Chief  Juftice  for  the  Time  being,  or  in  the  Court  of  the  Precindt  where  the 
Land  lay,  within  Twelve  Months  after  the  Date  of  the  fame  Deed :  And  whereas 
feveral  of  the  Public  Regifters  of  the  feveral  Counties  of  this  Province,  have  neg- 
leded  to  regifter  feveral  Deeds  or  mefne  Conveyances,  purfuant  to  the  before- 
recited  Ad,  and  feveral  Perfons,  through  Ignorance  or  Negled,  have  failed  to 
prove,  acknowledge,  and  regifter  their  Deeds  or  mefne  Conveyances ;  and  alfo,  fe- 
veral Perfons  have  recorded  their  Deeds  or  mefne  Conveyances,  in  the  Clerk's  Of- 
fice of  the  feveral  Precinds  or  Counties  in  which  fuch  Lands  lye,  believing  the 
J^me  as  effedual  as  if  the  faid  Deed  or  mefne  Conveyance  had  been  regifttred  in 
the  Regifter' s  Office  as  aforefaid ;  whereby  feveral  Perfons  Titles  to  their  L^ands  and 
Tenements  are  become  precarious,  to  the  great  Prejudice  ot  fuch  Perfons :  To  the 
End  therefore  that  all  poflibie  Relief  may  be  given  to  the  Perfons  whofe  Eftates, 
Titles,  and  Interefts,  may  be  afFeded  thereby  i 

II.  W  E  pray  that  it  may  be  Enaded,  And  be  it  Enacted,  by  his  Excellency  aii  d«(}»,  ut, 
Gabriel  Johnfton,  Efq  •,  Governor,  by  and  with  the  Advice  and  Confent  of  his  Ma-  ^^^  j^'J^iftred, 
jejly^s  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the  giftcr  them  with- 
Authority  of  the  fame.  That  all  Deeds  and   mefne  Conveyances  of  Lands,  Te-  !,"/^X'ered''io 
ncments,  and  Hereditaments,  not  already  acknowledged,  proved,  and  regiftered,  h;m  within  ten 
by  any  Negled  as  aforefaid,  the  Public  Regifter  of  every  County  where  lijch  Neg-  ^""'^•' 
led  hath  happened,  ftiall  regifter  fuch  Deed  or  mefne  Conveyance,  within  Twelve 
Months  after  the  Ratification  of  this  Ad ;  provided  fuch  Deeds  or  mefne  Convey- 
ances, be  delivered  to  the  Regifter  of  each  County  where  the  Land  lyeth,  within 
Ten  Months  after  the  R.atification  of  the  fame.  IIL  AND 


156  LAWS    of    North-Carol  i^N  A. 


'A.  D.    1741. 

Aii'ru'c"h^h^       III.  AND  be  ii  further  Enabled,  by  the  Authority  afcrefaid^  That  all  Deeds  or 
been"'regfftredl*  mernc  Conveyanccs,  which  -have  been  recorded  by  the  Clerk  of  any  Precind  or 
*due'  Ti'me'"'''^r  ^ouHty  Court  Within  this  Province  where  fuch  Lands  lie,  or  have  been  heretofore 
tfitred  i™H,  "    regiftered  by  the  r'ublic  Regifter  of  any  of  the  faid  Precincts  or  Counties  within 
this  Province   where  fuch   Lands  lie,  though  not  within  One  Year  after  the  Date 
6f  fuch  Conveyance,  fhall  be  good  and  valid  in  Law ;  and  all  Deeds  and  mefne 
Conveyances  hereafter  to  be  proved,  acknowledged,  and  regiftered,  in  the  Man- 
ner as  is  by  this  Ad  directed,  fball  be  good  and  valid,  to  all  Intents  and  Purpofes, 
as  if  the  faid  Deeds  and  mefne  Conveyanccs  had  been  regiftred  purfuant  to  the 
And  fuch  as  are  befcte-recitcd  A6t :  And  fuchRegiftry  of  all  and  every  Deed  or  mefne  Convey- 
Alvfwbe''v:!nd!  ancc,  already  regiflered,  or  that  hereafter  fhall  be  regiflered,  by  Virtue  of  this  or 
the  beforc-rtcited  Ad,  or  a  Copy  thereof,  properly    attefled  by  the  Regifter, 
fhall  and  may  (where  fuch  original  Deed  or  mefne  Conveyance  is  loft,)  be  given 
in  Evidence  in  any  Court  within  this  Province,  in  fuch  Suitor  Suits  wherein  there 
may  be  Gccafion  to  give  fuch  regiftered  Deed  or  mefne  Conveyance  in  Evidence  j 
any  Law,  Uf^ge,  or  Cuftom,  to  the  contrary,  notwithftanding. 

Regifter  negieft.       IV.  A  N  D  be  it  furthcr  EnrMcd^  by  the  Authority  afore/aid.  That  every  Regifier 
rfeOst&^.wlth-  that  (hail  ncgleft,  refufe,  or  delay  to  regifter  any  Deeds,  mefne  Conveyances,  or 
in  2  Months  af-  any  Other  Inftruments  of  Writing,  within  Two  Months  after  delivered  to  him, 
"^ihit'lci'  ^°  iuch  Regifter  or  Regillers,  for  each  and  every  Two  Months  fo  negleding,  refufing, 
or  delaying,  fhall  torieit  and  pay  the  Sum  of  Twenty  Pounds,  Proclamation  Mo- 
ney -,  One  Half  to  the  Ufe  of  the  Parifh,  and  the  other  Half  to  him  or  them  that 
fhall  fue  for  the  fame,  to  be  recovered,  by  Adlion  of  Debt,  Bill,  Plaint,  or  In- 
formation, in  any  Court  of  Record  in  this  Government,  wherein  no  EfToign,  In- 
jundion,  or  Wager  of  Law,  fhall  be  allowed  or  admitted  of. 


CHAP.   xxn. 

An  AB,  for  Ptmijhmenf  of  Deferfers.     O  B  S. 


CHAP.   xxin. 

An  A5i,  for  Ejlablifnng  the  Churchy  for  appointing  Partfjes^  and  the  Me- 
thod of  ekdiing  Vefries ;  a?id  for  directing  the  Settlement  of  Parijh 
Accompts  throughout  this  Gover?ime?2t. 


Government  i\.  ^-  T3  ^  ^^  Eitu^edy  hy  hjs  ExcelUncy  Gabriel  Johnfton,  Efq;,  Governor,  by  and 
vided  into  Fa-  _fj  vAth  the  Advicc  and  Confent  of  his  Majefty's  Council,  and  General  Affembly 
tidies,  ^y  ^j^^^  Tr evince,  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fame.  That  this 

Government  be  and  it  is  hereby  divided  into  diftind  Parifhes,  in  the  Manner  fol- 
lowing-, that  is  to  fay,  St.  P^z^/'s  Parifli,  m  Chowan  Coxxnly,  Berkely  Vzn^,  in 
Pequimons  County,  St.  John's  Parifh,  on  the  Sauthweft  Side  of  Pafquotank  River, 
and  St.  Peter's  Parifh,  on  the  Northeaft  Side  of  Pafquctank  River,  in  Pafqtietank 
County,  Currituck  Parifh,  va. Currituck  County,  Norlhweji  Parifh,  and  Society 
Parifh,  in  Bertie  County,  St.  Andrew's  Parifh,  in  Tyrell  County,  St.  ^homas'ti 
Parifn,  in  Beaufort  County,  St.  George's  Parifti,  in  Hyde  County,  Chrift's-Churcb 
Parifh,  in  Craven  County,  St.  John's  Parifh,  in  Onflow  County,  St.  James's  Pa- 
rifh, on  the  Eaft  Side  of  Cape-Fear  River,  in  New-Hanover  County,  and  St.  Phil- 
lip'^ Parifh,  on  the  JVefi  Side  of  Caps-Fear  River,  in  New-Hanover  Goynty,  from 

■  '  T        --  ^j^ 


L  A  M^   S    o/"    North-Carolina.  jry 

I     *  ~— ~— — — — — — — — — ______^ , — i    m 

the  Mouth  of  the  faid  River,  riming  up  the  Northwejt  River  to  the  Bounds  of  ^-  ^    "741- 

the  County,  inclufive  of  the  Ifland  at  the  Mouth  of  the  Northwejt  and  Nortbeaft  *^ v ' 

Rivers,  in  the  faid  County,  commonly  called  Eaglet  IJlandy  lying  to  the  Scutb 
of  the  Thoroughfare,  St.  MarwC^  Tarifh,  in  Bladen  County,  and  Edgcomb  Pa- 
rifh,  in  Edgcomb  County. 

II.  AND  be  it  further  Enacted^  ly  the  Authority  aforefaid.  That  the  Inhabi-  inhabitants  d 
tants  of  every  Parifli  aibrefaid,  being  Freeholders,  Ihall,  and  they  are  hereby  di-  cw/^\?ftfy! 
redted.  and  impoweied,  to  meet  together  on  the  Firft  Monday  next  after  the  Rati-  >"=".  \^i>'^  '^^'i 
fication  of  this  Aft,  and  on  every  Eafter  Monday  every  Two  Years  thence  after,  a'conTbT^o^ 
at  the  Court-houfe,  or  where  there  is  no  Court-houfe,  at  the  moil  ufual  Place  of  """'  *"•*  i""''fy 
Public  Worfhip,  in  every  Parifh,  then  and  there  to  choofe  and  cled  Twelve  Free-  ''"""^''''''*' 
holders,  to  ferve  as  Veftrymen  for  the  Two  next  enfuing  Years  :  Which  Veftry- 

men  fo  chofen,  ihall,  by  the  Conilable  or  Conilables,  be  fummoned  to  meet  at 
the  Church,  aad  where  there  is  no  Church,  then  at  the  Court-houfe,  or  where 
there  is  no  Court-houfe,  at  the  moft  ufual  Flace  of  Public  Worfliip  as  aforelaid, 
in  each  refpeftive  Parifh,  within  Forty  Days  next  after  fuch  Choice,  and  then  and 
there  to  Qualify  themfclves  according  to  the  Diredlions,  and  under  the  Penalty 
hereafter  mentioned  \  and  if  the  faid  Conitable  or  Conftables,  or  any  of  them,  fhall 
negled  or  refufe  to  Jummon  the  Veilry  as  aforefaid,  he  or  they  fo  offending,  ihall 
forfeit  and  pay  the  Sum  of  Twenty  Shillings,  Proclamation  Money,  for  each  and 
every  Veilryman  not  fummoned  as  aforefaid,  who  fliall  refide  within  the  Diilrid 
of  fuch  Conilable  j  to  be  levied  and  apphed  as  herein  after  is  direded. 

III.  AND  he  it  further  Ena£iedi  by  the  Authority  aforefaid^  That  no  Perfon  Vcflryraen  to 
fhall  be  admitted  to  be  of  any  Veftry  within  this  Government,  that  doth  not  take  »■•''=  ^^'=  ^^^^^' 
the  Oaths  by  Law  appointed  to  be  taken,  for  the  Qualification  of  Public  Officers,  ^/3°"ard'if »! 
and  fubfcribe  the  following  Declaration,  viz.  I.  A.  B.  do  declare.  That  I  will  not  "y  f'^fu^e,  major 
cppofe  the  Liturgy  of  the  Church  of  England,  as  it  is  by  Law  ejiablijhed:  And  all  cthL" 

and  every  Veilryman  who  ihall  negled:  or  refufe  to  do  the  fame,  fhall  (if  he  be  not 
a  known  DiiTenter  from  the  Church  of  England,)  forfeit  and  pay  the  Sum  of  Three 
Pounds,  Proclamation  Money  -,  to  be  levied  and  applied  as  herein  after  is  direded : 
And  if  any  Perfon  or  Perfons,  chofen  as  a  Veilryman  or  Veftrymen^  ihall  neg- 
led or  refufe  to  take  and  lubfcribe  the  faid  Declaration,  the  Veilry  of  which  fuch 
Perfon  or  Perfons  was  or  were  ele6led  a  Member,  or  the  major  Part  of  them,  are 
impowercd  and  required  to  eled  and  choofe  another  or  other  Freeholder  or  Free- 
holders, to  be  Veilryman  or  Veftrymen  in  the  Room  and  Stead  of  the  Perfon  or 
Perfons  negleding  or  refufmg  as  aforefaid :  And  if  it  fhall  happen  that  the  Veilry 
of  any  Pariih  within  this  Government,  ihall  not  eled  and  make  Choice  of  another  Veflry  negkaing 
or  others  in  the  Room  and  Stead  of  fuch  Veftry  man  or  Veftrymen  negleding  or  Z  '^fLom"oi 
refufing  to  qualify  as  aforefaid,  within  one  Month  next  after  fuch  Negled  or  Re-  '^■'^«  refufing  to 
fufal,  that  then  and  in  fuch  Cafe  it  ihall  and  may  be  lawful  for  the  Minifter  of  fuch  ^'af 'jpSlff ff 
Pariih,  or  for  Want  of  fuch,  the  Governor  or  Commander  in  Chief  for  the  Time  "°  Minifter,  ths 
being,  under  his  Hand  and  Seal,  to  appoint  fome  Freeholder  or  Freeholders  to    "'"""^  ^^^' 
fupply  fuch  vacant  Place  or  Places  in  fuch  Veftry. 


•vtncn    to 


IV.  A  N D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  feveral  veftrj-r,,.,.  .„ 
Veftries  of  this  Government  ihall,  within  Forty  Days  after  Eajler  Monday,  Yearly,  ''""'f'-'  ^'!"'?|'- 
and  every  Year,  eled  and  choofe  out  of  the  faid  Veftry,  Two  Peribns,  to  execute  deaer/efurl  to 
the  Office  of  Churchwardens  in  each  and  every  refpedive  Parifh ;  and  if  the  Perfons  ^^^  ^.fj'^y  4°^'- 
eleded  and  chofen  Churchwardens  as  aforefaid,  or  either  of  them,  fhall  refufe  to  deft  ethers. 
execute  the  faid  Office,  he  or  they  fo  refufing,  fhall  forfeit  and  pay  Forty  Shil- 
lings, Proclamation  Money  •,  to  be  levied  and  applied  as  herein  after  is  direded  -, 
and  the  Veftry  fhall  immediately  proceed  to  eled  and  choofe  another  Churchwarden 
or  Churchwardens  out  of  the  Veftrymen,  in  the  Room  of  him  or  them  fo  refufing 
to  ad. 

R  r  'v.  PRO- 


158  LA  W  S    of    North-Carolina. 


A.  D.    1741. 

KTpeXobiT'  ^-  PROVIDED  always.  That  no  Perfon  whatfoever,  fhall  be  obliged  to 
<:d°to"erve°m!fre  fcrve  as  Churchwardcn  in  any  Parifh  within  this  Government,  for:  more  than  One 
than  I  Yeai'.       yg^j.^  unlcfs  he  confent  thereto. 

^h"«'i«'«<J<B»,^  VI.  AN  D  he  it  further  Ena5ledy  That  the  Churchwardens,  or  in  Cafe  they  rc- 
veftryrmay  clii  fufc  or  negledl,  any  Three  or  more  of  the  Veftry  in  each  and  every  Parifh  in  this 
4  Veftry.  Govemment,  Ihali  have  full  Power  and  Authority  to  call  the  Veftry  together,  at 

the  Places  as  are  in  this  A6t  heretofore  directed,  at  any  Time,  and  upon  any  Oc- 
cafion,  they  j(hall  judge  neceffary,  by  Warrant  or  Warrants  under  their  Hands, 
diredcd  to  the  feveral  Conftables  of  the  refpedive  Diftridts  and  Parifhes,  who  fhall 
be  obliged  to  execute  the  fame  according  to  the  Tenour  thereof,  under  the  Penalty 
of  Ten  Shillings,  Proclamation  Money,  for  each  and  every  Veftryman  in  fuch 
Warrant  mentioned,  who  fhall  not  be  fummoned-,  to  be  levied  and  applied  as 
herein  after  is  directed :  And  every  Vcflryman  who  fhall  negledt  or  refufe  to  attend 
the  Veftry  agreable  to  fuch  Summons,  fhall  forfeit  and  pay  the  Sum  of  Ten  Shil- 
lings, Proclamation  Money,  for  fuch  Offence,  unlefs  he  can  fhew  fufficient  Caufc 
for  his  fo  doing,  to  be  admitted  of  by  the  Veftry,  or  the  major  Part  of  them,  at 
their  next  Meeting  •,  to  be  levied  and  applied  as  herein  after  is  direded. 

OnDMtiisrRe-      VII.  A  N D  he  it  further  Ena^ed,  hy  the  Authority  aforefaidy  That  the  Vef- 
mo vai  of  Church  trics  of  the  fcvcral  Parifhes  of  this  Government,  fhall  have  full  Power  and  Au- 
pirltiTn  of  T-fme  thotity,  upon  the  Death  or  Removal  out  of  their  refpcdive  Parifhes  of  any  Church- 
of  Service, Veftry  warden  or  Churchwardens,  before  the  Time  limitted  for  the  executing  the  faid  Of- 
oe  ooeot  w.  ^^^  j^^  expircd,  to  eled  and  chufe,  out  of  the  Veftry,  another  Churchwarden  or 
Churchwardens,  in  the  Room  and  Stead  of  the  Perfon  or  Perfons  dead,  or  remov- 
ing out  of  the  Parifh  as  aforefaid  ;  which  Churchwarden  or  Churchwardens  fo  elect- 
ed and  chofen,  fliall  ferve  until  the  Time  appointed  by  this  A(5t  for  the  Eledlion 
and  Choice  of  Churchwardens :  Any  Thing  herein  contained  to  the  contrary,  not- 
withftanding. 

V^l'^^toMr^^  VIII.  AND  he  it  further  Ena5led^  hy  the  Autority  aforefaid.  That  the  Vef- 
•/adjii  Charges?''  trics  of  each  refpe6live  Parifh  within  this  Government,  fhall  have  full  Power  and 
Authority,  and  they  are  hereby  direfted  and  required,  within  Forty  Days  next  af- 
ter every  Eafier  Monday,  Yearly,  and  every  Year,  to  appoint  and  order  fuch  Sum 
of  Money  as  they  fhall  judge  neceffary,  to  pay  and  fatisfy  the  Expence  and  Charge 
of  their  refpedive  Parifh,  for  the  then  current  Year,  to  be  raifed  by  the  Poll,  and 
collefted  in  the  fame  Manner  by  the  Sheriff  as  other  Taxes. 

^,r^cm*  for"  ^^'  ^^^  ^^  ^^  Ena£ied,  hy  the  Authority  aforefaid^  That  the  Churchwardens 
Churchwarden!  of  cach  and  cvery  refpeftive  Parifh  in  this  Government,  fball  dedudt,  out  of  the 
"  Money  arifing  from  all  Parifh  Taxes  by  them  received,  the  Sum  of  Thvttpr  Cent- 

as  a  Reward  for  their  Trouble,  and  no  more. 


Trcublc. 


-,     ,      ,  X.  AND  he  it  further  Ena^ed,  hy  the  Authority  aforefaid.  That  the  Church- 

to  pay  all  Parifli  wardctts  ot  cacrt  and  every  refpective  Panfli  m  this  Government,  fhall,  the  firft 
ve'ft^y'  on  Pw,  Veftry  to  be  held  in  each  Parifh  after  every  Eafter  Monday,  Yearly,  and  ever  Year, 
of  20  J.  on  Oath,  account  with  their  refpe6tive  Veftries  for  all  Parifh  Monies  in  their  Hands, 

of  what  Kind  or  Denomination  foever,  that  now  are  or  hereafter  fhall  become  due, 
by  Virtue  of  any  Law  for  that  Purpofe,  or  otherwife,  and  fhall  pay  the  fame  to 
the  Veftry,  or  their  Ordfer :  And  if  any  Churchwarden  or  Churchwardens  which 
now  is  or  are,  or  that  hereafter  fhall  be,  in  any  of  the  refpe6tive  Parifhes  in  this 
Government,  fhall  negled  or  refufe  to  account  for  and  pay  to  the  refpedive  Vef- 
tries, or  their  Order,  the  Money  in  his  or  their  Hands,  belonging  to  the  Parifh 
for  which  he  or  they  are  Churchwardens,  within  Twenty  Days  next  after  Notice, 
in  Writing,  given  to  him  or  them,  to  account  for  and  pay  the  Parifh  Money  afore- 
faid. 


L  A   JV  S    o/'    North-Carolina. 


159 


aid,  he  or  they  {o  offending,  flia]!  feverally  forfeit  and  pay  Twenty  Five  Pounds,    ^-  ^-  »74i. 

Proclamation  Money ;  to  be  recovered  by  Aftion  of  Debt,  Bill,  Plaint,  or  Infer-  '^ v ' 

mation,  in  the  Name  of  the  Churchwardens,  in  any  Court  of  Record  within  this 
Province,  wherein  no  Efibign,  Injunftion,  Protection,  or  Wager  of  Law,  fliall 
be  allowed  or  admitted  of  i  to  be  applied  by  the  Veftry  to  the  Ufe  of  the  Parifh. 

XI.  P  ROV  ID  ED  alway^y  That  nothing  in  this  A<5t  (hall  be  conftrued  to  ProYifo. 
repeal  any  Claufe,  Matter,  or  Thing,  in  Two  feveral  Afts,  paffed  laft  Seflion, 

at  Edenton,  for  the  finifhing  a  Church  at  Edenton^  and  for  erecting,  building,  and 
finiflaing  a  Church  at  Newbern. 

XII.  AND  he  it  further  Ena^led^  hy  the  Authcrity  aforefaid.  That  the  Veftry  ^^^^^  '"'X  "" 
and  Churchwardens  of  each  and  every  Parifli  in  this  Government,  fhall  have  full  iount"forp«ia 
Power  and  Authority  to  call  any  Juftice  of  the  Peace  or  other  Perfon  or  Perfons  Money, 
whatfoever,  to  account,  upon  Oath,  for  the  Monies  in  the  Hands  of  them  or  any 

of  them  belonging  to  their  refpeftive  Parifhes,  or  accruing  and  becoming  due  to 
the  fame,  by  Virtue  of  any  of  the  Laws  of  this  Government :  And  if  any  Juftice  or 
Juftices  or  other  Perfon  or  Perfons,  ftiall  refufe  to  appear  and  account  as  aforefaid, 
fuch  Juftice  or  Juftices,  or  any  other  Perfon  or  Perfons  fo  refufing  or  neglecting, 
fhall  forfeit  and  pay  the  Sum  of  Twenty  Pounds,  Proclamation  Money ;  to  be  re- 
covered by  the  Churchwardens  of  the  Pariih  where  fuch  Monies  become  due,  or 
where  payable,  by  Action  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of 
Record'wMiin  this  Government,  wherein  no  Eflbign,  Protection,  Injunction,  or 
Wager  of  Law,  fliail  be  allowed  or  admitted  of;  and  to  be  applied  to  t*he  Ufe  of 
the  Parifh. 

XIII.  AND  be  it  further  EnaEled^  hy  the  Authority  aforefaid^  That  the  Veftry  Veftry  to  fay  & 
of  each  and  every  Parifh  in  this  Government,  fliall  have  full  Power  to  raife  Mo-  Jig"'  churchf " 
ney,  by  the  Poll,  for  building  a  Church,  Chappel,  or  Chappies,  to  purchafe  Lands  Ci=be-houfe,*e. 
for  a  Glebe,  to  erect  convenient  Buildings  thereon,  and  to  keep  the  aforefaid  Edi* 

fices  in  Repair,  as  Need  fliall  be,  from  Time  to  Time,  and  to  buy  Books  and 

Ornaments  for  the  Church  and  Public  Worfliip,  and  for  the  Care   and  Support 

of  the  Poor,  and  all  other  Parifh  Charges  as  they  fliall  judge  neceflfary  for  the  re- 

fpective  Pariflies  -,  which  faid  Poll-Tax  fliall  be  collected  and  levied  as  in  this  Act  ' 

before  is  directed,  and  fliall  not  exceed  Five  Shillings,  Proclamation  Money,  per 

Poll,  in  any  one  Year,  for  all  the  Purpofes  in  this  Act  before  mentioned. 

XIV.  AN  Die  it  further  Ena^edy  hy  the  Authority  aforefaid.  That  the  feverd  Veftry  t<i  procure 
Churchwardens  and  Veftries  of  the  feveral  and  refpective  Pariflies  of  this  Govern-  cS'^and  lu 
«nent,  or  the  greateft  Part  of  them,  fhall  ufe  their  beft  and  utmoft  Endeavours,  to  1°*  them  SaU- 
procure  an  able  and  Godly  Minifter,  qualified  according  to  the  Ecclefiaftical  Laws  "''* 

of  England,  and  a  Perfon,  of  a  fober  Life  and  Converfation,  to  be  Clerk ;  and  may 
raife  him  or  them  fuch  Stipends,  Yearly,  as  they  fhall  think  convenient,  fo  as  fuch 
Stipend  for  the  Minifter  be  no  lels  than  Fifty  Pounds,  Proclamation  Money,  Yearly. 

XV.  P  R  OVID  E  D  always.  That  fuch  Minifter  for  whom  fuch  Monies  are  Minifter  to  be 
fo  to  be  raifed,  be  conftantly  refident  in  the  Parifli,  and  doth  not  omit  officiating  S?*"  ^ 
at  the  Church  or  Chappcls  within  the  Parifli,  unlefs  permitted  by  the  Church- 
wardens and  Veftry  to  officiate  in  fuch  neighbouring  Parifh  which  may  be  vacant, 

or  difabled  by  Sicknefs,  or  other  unavoidable  Accident. 

XVI.  AND  he  it  further  Enacted,  That  if  any  Minifter  who  fhall  have  a  Cure  MiBifter  guilty  of 
In  any  Parifli  by  Virtue  of  this  Act,  fliall  be  notorioufly  guilty  of  any  fcandalous  i™maywith. 
Immorality,  it  fliall  and  may  be  lawful  for  any  Number  of  the  Veftry  not  lefs  than  draw  his  Salary, 
Nine,  agreeing  thereto,  to  withdraw  the  Stipend  by  this  Act  allowed  to  fuch  Mi- 
nifter, 

XVII.  PRO' 


i6o  LAWS    o/'Nortk-Carolina. 


A.  D.    1741. 

^*^— v--~^  XVII.  PROVIDED  always^  That  after  fuch  withdrawing  of  the  Stipend, 

bring  Suit  fb7hi$  fuch  Minifter  fhall  be  at  Liberty  to  bring  Suit,  in  the  General  Court  of  this  Pro- 

saiary,  aad  Vtf-  ^j^ce,  againft  thc  Churchwardcns  of  his  Parilh,  for  the  Recovery  of  his  Stipend  ; 

Sir  o7der."  in  which  Suit  the  Cliurchwavdens  may,  in  Bar  of  the  Action,  plead  the  Order  of 
the  Veftry,  and  fliall  fet  forth  the  particular  Facts  for  which  the  Veftry  withdrew 

lUwnS  he  ^^e  Stipend  of  fuch  Minifter :  And  in  Cafe  the  Jury  Ihall  find  for  the  Minfter, 

fcri!  have  hi/si  then  he  fhall  recover  his  Stipend,  with  Cofts  of  Suit,  and  enjoy  his  Benefice ;  but 

snotheJ  Mm"ftec  i"  Cafe  the  Jury  find  for  thc  Churchwardens,  then,  and  in  fuch  Cafe,  the  Veftry 

»ray  be  appoint  of  the  Parilh  are  hereby  impowered  to  eledl  another  Minifter  in  his  Room  and 

'^'  Stead. 

Minifter  to  keep      XVIIT.  A  N D  he  tt  fuYtheT  Enacted^  by  the  Authority  aforefaid.  That  every  Mi- 
pair°'tnV"uff^  nlfter  within  this  Government,  Ihall,  during  his  Incumbency,  keep  and  maintain 
BO  w.fte,  or  be  (-{^e  Manfion-houfc,  and  all  other  the  Out-boufes  and  Conveniencies  that  Ihall  be 
^^^"Ti^t"'  ereded  on  his  Glebe,  in  tenantable  Repair,  and  Ihall  fo  leave  the  fame  at  his  Death, 
Churchwardens,   qj.  Removal  out  from  the  faid  Parilh,  (the  Accidents  of  Fire  and  Tempeft  only 
excepted,)  and  Ihall  not  fufFer  any  Wafte,  by  cutting  down  of  Timber,  or  other- 
wife,  to  be  committed  on  his  faid  Glebe,  except  for  necelTary  Repairs,  Fences,  or 
other  Improvements^  and  Fire- wood,  to  be  ufed  thereon :  And  in  Cafe  any  Mi- 
nifter Ihall  fail  to  keep  his  faid  Glebe,  and  the  Buildings  thereon,  in  tenantable 
Repair,  or  Ihall  fuffer  any  Wafte  to  be  committed  thereon  as  alorefaid,  fuch  Mi- 
nifter, his  Executors,  and  Adminiftrators,  Ihall  be  liable  to  the  A(^n  of  the 
Churchwardens  of  the  Parifli  for  the  Time  being,  whereby  the  Value  of  fuch  Re- 
pair or  Wafte  Ihall  be  recovered,  in  Damages,  with  Cofts  of  Suit ;  and  the  Damage 
fo  recovered  Ihall  be  laid  out,  according  to  the  Diredions  of  the  Veftry  and  Church- 
wardens, in  making  necelTary  Repairs  upon  the  Glebe, 

forfeitures  how  XIX.  A  N D  be  it  furthcr  Enabled,  by  the  Authority  aforefaidy  That  the  feveral 
^d  a"  \\tr'''^^  Sums  of  Mon«y,  arifing  and  becoming  due  by  Reafon  of  the  Forfeitures  by  this 
app  le ,  ^^  inflicfled,  and  for  which  no  Method  of  Recovery  or  Application  is  direded 
before  in  this  A61,  fliall  be  levied,  within  one  Week  next  after  they  Ihall  become 
due,  by  Warrant  of  Diftrefs,  and  Sale  of  the  Offenders  Goods,  from  one  or  more 
of  his  Majefty's  Juftices  of  the  Peace  within  the  County 'where  the  Default  fhall 
be  made,  (Regard  being  had  to  the  Jurifdiftion  of  the  faid  Juftice  or  Juftices,  re- 
turning the  Overplus,  if  any,  to  the  Owner,)  and  paid  to  the  Churchwardens,  for 
the  Ufc  of  the  Parilh,  and  by  them  to  be  accounted  for  and  paid  as  herein  before 
is  diredted. 

Veftfy  .ppointed  XX.  AND  whcfeas  a  Veftry  and  Churchwardens  will  be  wanting,  for  the  Pa- 
?«ift*'  ^'''^'^'^  ^^^  °^  ^'^-  'P^'^W^^  i"  New-Hanover  County,  before  the  Time  limited  by  this 
Ad,  for  the  Election  of  Veftrymen  for  the  feveral  Parilhes  within  this  Province  i 
Be  it  Enacted,  by  the  Authority  aforefaid.  That  Nathaniel  Rice,  Eleazer  Alleir^ 
Matthew  Rowan,  Roger  Moore,  William  Forbes,  James  Hafel,  Richard  EagleSy 
John  Davis,  Archibald  Hamilton,  George  Ronald,  Coritelius  Harnet,  and  Ceorgg 
Moore,  be,  and  are  hereby  appointed  Veftrymen  for  the  faid  Parifh  of  St.  Phi' 
lip^s,  until  the  next  Election  of  Veftrymen,  as  by  this  Act  directed :  Which  faid 
Veftry  fhall  have  full  Power  to  choofe  Churchwardens,  and  to  do  and  perform 
every  other  Matter  and  Thing,  which  other  Veftrymen  may  do  by  Virtue  of  this 
Act,  and  fhall  be  liable  to  the  lame  Penalties  and  Forfeitures  as  in  this  Act  is  be- 
fore mentioned  j  any  Law,  Cuftom,  or  Ufage,  to  the  contrary,  notwithftanding. 

Rrpcahr.gCiaufe.  XXI.  A  N D  be  it  further  Eridcted,  by  the  Authority  aforefaid.  That  all  and 
every  other  Act  and  Acts,  and  every  Claufe  and  Article  thereof,  (except  as  be- 
fore excepted,)  heretofore  made,  fo  far  as  relate  to  the  eftablifliing  the  Church, 
appointing  Parilhes,  and  felect  Veftiies,  and  for  directing  the  Settlement  of  Parifh 

Accounts, 


LAWS    of    North-Carolina.  jgj 


Accounts,  is  and  are  hereby  repealed  and  made  void,  to  all  Intents  and  Purpofea,    a.  d.  1741. 
as  if  the  lame  had  never  been  made.  * y * 


CHAP.    XXIV, 

jin  AStj  a>ncsrmng  Servants  and  Slaves,  -^ 

I.  T\  E  it  Enc5fed^  by  his  Excelkfjcy  Gabrkl  Johnfton,  E/qy  Govtrnor,  by  and  No  chriftian  rm- 
J)  with  the  Ad-jice  and  Confent  of  his  Majejty's  Councily  and  General  J^emhly  serllt"""  ntft 
ef  this  Province,  and  it  is  hereby  Enabled,    by  the  Authority  of  the  fame.    That  '°i  i"<i<^^n'"'e, «? 
BO  Pcrfon  whatfoever,.  being  a  Chriftian,  or  of  Chriilian  Parentage,  who,  from     ^'"'"'"^' 
and  after  the  Ratification  of  this  Aft,  fhall  be  imported  or  brought  into  this  Pro- 
vince, Ihall  be  deemed  a  Servant  for  any  Term  of  Years,  unlefs  the  Perfon  im- 
porting him  or  her  fhall  produce  an  Indenture,  or  fome  Specialty  or  Agreement, 

'fignifyingi  that  the  Perfon  fo  imported  did  contract  to  ferve  fuch  Importer,  or 
his  Afiigns,  any  Number  of  Years,  in  Confideration  of  his  or  her  Paflage,  or  fome 
other  Confideration  therein  expreffed  •,  and  upon  any  Conteft  arifing  between  the  DiiTerence   be. 
Mafter  ot  sny  Veflel,  or  other  Perfon  importing  any  Servant  or  Servants,  without  t^een  Mjfters  of 
Indenture,  upon  any  Bargain  or  Specialty  as  aforefaid,  the  fame  Ihall  be  deter-  fonfimponer'to 
mined  at  the  next  County  Court  to  be  held  for  the  County  where  the  faid  Servant  ''^  derermiaed  Uy 
or  Servants  fhall  be  imported,  the  Juftices  of  which  Court  are  hereby  impowered  ''"  ^°'  "^""'^ 
to  hfar  and  determine  the  fame,  in  a  fummary  Way ;  and  fuch  Determination  or 
Judgment  fhall  be  conclufive  and  binding  on  the  Importer  or  Servant  or  Servants, 

.cither  for  the  Difcharge  of  the  faid  Servant  or  Servants,  or  to  oblige  him,  her,  or 
them,  to  ferve  the  Importer,  or  his  Afligns,  as  the  Matter  Ihall  appear. 

II.  AND  be  it  further  Ena^ed,  by  the  Aiilhority  aforefaid.  That  if  any  Chriftian  servants  ^bfeni. 
Servant,  whether  he  or  fhe  be  a  Servant  by  Importation,  or  otherwifc,  fhall,  at  any  '"s  themWves, 
Time  or  Times,  abfoit  him  or  herfelf  from  the  Service  of  his  or  her  Mailer  or  Mif-  Tinfe,"'befidci' 
trefs,  without  Licence  firft  had,  he  or  fhe  Ihall  fatisfy  and  make  good  fuch  Lofs  of  ^h.n'th=  coutt 
Time,  by  ferving,  after  their  Time  of  Service  by  Indenture  or  othcrewife  is  expired,  ^L^lT'  ^"' 
double  the  Time  of  Service  loft  or  negleded  by  fuch  Abfcnce ;  and  alfo  fuch  longer 

Time  as  the  County  Court  fhall  think  fit  to  adjudge,  in  Confideration  of  any  fur- 
ther Charge  or  Damage  the  Mafter  or  Miftrefs  of  fuch  Servant  may  have  fuftainedj 
by  Reafon  of  his  or  her  Abfence  as  aforefaid. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Chrif-  D:fobcdi=nt  Ser- 
tian  Servant  ftiall  lay  violent  Hands  on  his  or  her  Mafter  or  Miftrefs,  or  Overfeer,  nXV  ^*  ^" 
or  fliall  obftinately  refufe  to  obey  the  lawful  Commands  of  any  of  them,  upon  Proof 

thereof  by  one  or  more  Evidences  before  any  Juftice  of  the  Peace,  he  or  fhe  ftiall, 
for  every  fuch  Offence,  fuftcr  fuch  Corporal  Punifhment  as  the  faid  Juftice  ftiall 
think  fit  to  adjudge,  not  exceeding  Twenty  One  Lafties. 

IV.  A  N  D  as  an  Encouragment  for  Chriftian  Servants  to  perform  their  Service  Mafter  to  previJa 
with  Fidelity  and  Chearfulnefs;  Be  it  further  EnaBed,  by .  the  Author ty  aforefaid,  Sr/aS"  ^"' 
That  all  Mafters  and  Owners  of  any  Servant  or  Servants,  fhall  find  and  provide 

for  their  Servant  or  Servants,  wholefome  and  competent  Dyet,  Cloathing,  and 
L,odging,  at  the  Difcrttion  of  the  County  Court,  and  fhall   not,  at  any  Time^ 
give  immoderate  Corredlion,  neither  fhall,  at  any  Time,  whip  a  Chriftian  Servant 
naked,  without  an  Order  from  a  Juftice  of  the  Peace :  And  if  any  Perfon  fhall  Not  to  ^vhf, 
prefumeto  whip  a  Chriilian  Servant  naked,  without  fuch  Order,  the  Perfon  fo  Per^" '''"^' °* 
offending,  fhall  forfeit  and  pay  the  Sum  of  Forty  Shillings,  Proclamation  Money,  fuch  Servant.' 
to  the  Paity  injured;  to  be  recovered,  with  Cofts,  upon  Petition  to  the  County 
Court,  (without  the  formal  Procefa  of  an  Aftion,)  as  in  and  by  this  Aft  is  pro- 

S  f  vided 


itz  LAWS    o/'VNorth-Carolina. 

A.  D.  1741.    vided  for  Servants  Complaints  to  be  heard  and  determined  j  provided  Complaint 
* V '  be  Yt\?idit  v/ithin  Six  Months  after  fuch  whipping. 

Servants  «om.  V.  AND  If  it  further  Etiacted,  hy  the  Authority  af or tfaid^  That  all  Servants 
^^^'^[J'tr  by  Indenture  or  otherewife  as  aforforefaid,  {hal^have  their  Complaints  received  by 
M-.fter  te  next  ^  Jufticc  of  thc  Peacc,  who,  if  hc  find  Caufe,  Ihall  bind  the  Matter,  Miftrefs,  or 
Overfeer,  over,  to  anfwer  the  Complaint  at  the  next  County  Court  j  and  it  fhall 
campiaints  to  be  be  therokdetermined :  And  all  Complaints  of  any  Servant  or  Servants  fliall  and 
d  p'roi'ft  of  may,  cither  immediately,  or  as  aforefaid  by  Virtue  hereof,  be  received  at  any 
AGioB.  Time,  upon  Petition  or  Information  in  the  Court  of  the  County  wherein  they  re- 

fide,  without  the  formal  Procefs  of  an  Adion ;  and  alfo,  full  Power  and  Autho- 
rity is  hereby  giyen  to  the  faid  Court,  at  their  Difcretion,  (having  firft  fummoned 
thc  Mailer,  Miftrefs,  or  Overfeer,  to  juftify  themfelves,  if  they  think  fit,)  toad- 
judge,  order,  and  appoint  what  fhall  be  neceffary  as  to  Diet,  Lodging,  Cloathing, 
Matter  hot  com  ■  qj.  Corrcftion :  And  if  any  Mafter,  Miftrefs,  or  Overfeer,  fhall  not  thereupon  com- 
Ordef  c7  Court!  ply  with  the  Order  of  the  faid  Court,  the  faid  Court  is  hereby  authorized  and  im- 
ServsiBt  to  i>E      powcrcd,  upon  a  fecond  juft  Complaint,  to  order  fuch  Servant  or  Servants  to  be 
immediately  fold,  at  Public  Vandue,  by  the  Sheriff;  and  after  the  Charges  are  de- 
ducted, the  Remainder  of  what  the  faid  Servant  or  Servants  fhall  be  fold  for,  to 
be  paid  to  the  Owner. 

jf  by  Sicitnef!  he      Yl.  P  ROV IDEI)  ulways.  That  If  fuch  Servant  or  Servants  fhall  be  fick  ot 
can  not  be  fold  ]ame.  Or  otherewife  rendered  fo  in  capable  that  he,  fhe,  or  they,  cannot  be  fold 
thc^ciwrges/to  for  fuch  Value  at  leaft  as  fhall  fatisfy  the  Fees,  and  other  incident  Charges  ac<Jrued, 
chu^Warden!'^  ^^^  ^^^"^  Court  fliall  then  order  fuch  Servant  or  Servants  into  the  Care  of  the  Church- 
snd  provided  for  Wardens  of  the  Pawfh  ;  and  the  Mafter,  Miftrefs,  or  Owner,  fhall  provide  the  faid 
by  the  Mafter.     Scrvant  or  Servants  with  fuch  convenient  Neceflaries  as  they  fhall  dired:  and  judge 
fufficient  for  his,  her,  or  their  Support,  until  the  Time  due  by  Law  from  fuch 
Servant  or  Servants  to  their  Mafter,  Miftrefs,  or  Owner,  fhall  be  expired,  or  un- 
til fuch  Servant  or  Servants  fhall  be  fo  recovered  as  to  be  fold,  for  defraying  thc 
faid  Fees  and  Charges. 

eimges  to  be  le.       vil.  A  N  D  be  it  further  Efta^ed,  That  the  faid  Court,  from  Time  to  Time, 
vied  ontheMaf-  ^^jj  ^^^^^  ^^^  Charges  of  keeping  fuch  Servant  or  Servants,  to  be  levied  upon 
the  Goods  and  Chattels  of  the  Mafter  or  Owner  of  fuch  Servant  or  Servants,  in 
Cafe  they  fhould  negleft  or  refufe  to  provide  for  the  fame. 

Servants    Com-       VIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Scr- 

rree"d"m''''Dl2^  vants  afotcfaid,  whether  by  Indenture  or  otherwife,  as  v/ell  Feme-Coverts  as  others, 

to  be  heard.     '  fliajl,  in  the -like  Manner,  (as  is  provided  upon  Complaints  of  Mifufage,)  have 

their  Petitions  received  in  the  faid  County  Court,  for  their  Wages,  Freedom,  and 

Freedom  Dues,  (in  this  Ad  hereafter  cxpreffed,)  without  the  formal  Procefs  of 

an  Adion  j  and  Proceedings  and  Judgment  fhall,  in  like  Manner,  be  had  thereupon. 

Mifter  difcbstg.  IX.  A  N  D  be  it  further  Ena£led^  by  the  Authority  aforefaid.  That  no  Mafter 
leforSe  h  feel  ©r  Miftrcfs  of  any  Servant  or  Servants,  who  fhall  happen  to  be  fick  or  difeafed 
and  not  endea.'  durlttg  the  Time  of  their  Servitude,  and  unable  to  perform  their  daily  Labour, 
wmy^  to'L^dt  ftiall,  upon  any  Pretext  whatfocver,  remit  to  I'uch  Servant  or  Servants,  any  Part 
5  '•  of  his,  her,  or  their  Time,  to  be  cleared  of  them,  whereby  the  faid  Servant  or  Ser- 

vants may  perifh,  or  become  a  Charge  to  the  Parifh :  And  whofocver  fhall  here- 
after offend  herein,  or  fhall  not  ufe  and  endeavour  all  lawful  Means  for  Recovery 
of  fuch  their  Servant  or  Servants  as  fhall  happen  to  be  fick  or  difeafed,  during  th« 
Time  of  his,  her,  or  their  Servitude,  fhall  forfeit,  for  each  and  every  Servant  fo 
turned  off  or  negleded.  Five  Pounds,  Proclamation  Money  •,  to  be  levied  by  an 
Order  from  the  County  Court  before  whom  thc  Fad  fhall  be  proved,  by  the  Oath 
of  one  or  more  Witnefs  or  Witnelfcs,  and  to  be  paid  into  the  Hands  of  the  Church- 
wardens 


LAWS    o/'    North-  Ca  r  o  l  i  n  a.  i6 


i-> 


..wardens  of  that  Pariih  where  the  Offence  Ihali  be  committed,  and  difpofed  of  to-.^  ^-  ■C-   »74if 
-■vv'arejs  the  S,upport  and  Maintenance  of  fuch  Servant  or  Servants  fo  turned  off  of  "^^--rv--- ^-^ 
^jiegteded^;  for  the  Recovery  of  his,  her,  or  their  Health  and  Strength-,  and  fuch 
'Servant  or  Servants  Ihall  be,  by  the  County  Court,  or  any  Two  Juftices,  during 
the  Time  of  their  Irlfirmity,  ordered  into  the  Hands  and  Care  of  the  Church v/ardens 
.of  the  Parifh  in  which  his,  her,  or  their  Matter  or  Owner  fha  11  dwell :  But  in  Cafe 
fuch  fick  or  difeafed  Servant  or  Servants  refp^divcly  fhail  not  Jive  to  the  expending 
the  faid  whole  Sum  of  .Five  Pounds,  Proclamation  Money,  then  the  Remainder 
to  be  difpofed  of  to  the'Ufe.of  that  Parifh;  or  in  Cafe  the  faid  Sum  of  Five  Pounds ^''sj-  ftaii  mt 
Ihould  not  be  fufficient  to  fupport  each  Servant  during  his  Servitude,  or  until  his  Sppo^Ss:'! 
Recovery,  in  Hich  Cafe  the  County  Court  is  hereby  authorized  and  irnpowered  to  '='"''  '-■""'■'  ■"'? 
order  a  Sufficiency  to  be  levied  (from  Time  to  Time,  as  the  fame  Ihall  become  due,)  "  """'"• 
upon  the  Goods  and  Chattels  of  the  Mafter  or  Owner  of  fuch  Servant  or  Servants 
if  they  ihall  jieglefc  or  refufe  to  provide  the  fame,  agreable  to  the  Orders  of  the 
faid  Court  -,  and  fuch  Servant  or  Servants  fo  neglefted  or  turned  off,  Hiall,  upon  Sen-rnt  fo  tumU 
their  Recovery,  be  fet  free  from  their  Mailer  or  Owner.  'ff.  fl»*i'  ^^ »«« 

on  his  Recovery, 

X.  P  PROVIDED  always,  and  he  it  further  Enabled,  That  if  any  Servant  or  servants  kringins 
Servants  in  this  Government,  Ihall,  thro'  his,  her,  or  their  own  wilful  Mifbeha-  ^emWvcs*"' "° 
viour,  happen  to  have  any  Difeafe,  or  any  broken  Bones,  Bruifes,  or  other  Im-  f^vT^rit.  " 
pediments,  whereby  they  may  be  difabled  to  perform  their  Labour  as  they  ouo-ht 

to  do,  and  become  chargeable  to  their  Mafter  or  Owner,  fuch  Servant  or  Servants 
(hall  ferve  his,  her,  or  their  Mafter  or  Owner,  after  the  Time  of  his,  her,  or 
their  Service  by  Indenture  or  otherwife  is  expired,  fuch  Time  as  Ihall,  by  the 
County  Court,  be  adjudged  fufficient,  to  fatisfy  the  Charges  expended  on  him, 
her,  or  them,  for  his,  her,  or  their  Recovery  ;  and  fliall  alfo  ferve  over  fo  much 
Time  as  he,  flie,  or  they,  by  any  fuch  Means,  were  difabled  tQ  ferve:  Any 
Thing  herein  contained  to  the  contrary,  notwirhftanding. 

XI.  AND  he  it  further  EnaBed,    hy  the  Authority  aforefaid.    That  if  any  Sermts  m^kiog 
Servant  or  Servants  Ihall  unjuftly  vex  and  trouble  hi.s,  her,  or  their  Mafter  or  [f  fe^vT'J:S 
Owner,  with  groundlefs  Complaints  againft  them  to  the  County  Court,  or  to  any  '*"  '^'^^  '**• 
Juftice  or  Juftices  of  the  Peace,  fuch  Servant  or  Servants  fhall,  by  the  County 

Court,  be  ordered  to  ferve  his,  her,  or  their  Mafter  or  Owner,  fo  injured  by  fuch 
unjuft  and  groundlefs  Vexation,  after  the  Expiration  of  the  Time  he,  fhe,  or  they 
have  then  to  ferve,  the  double  Term  and  Space  of  that  Time  he,  fhe,  or  they 
negleded  and  loft,  in  Profecution  of  fuch  Complaints. 

XII.  AN  I)  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  every  Ser-  Semnt.  put  into 
vant  who  ihall  be  in  Goal,  for  his,  her,  or  their  own  OiFence,  ihall  ferve  his,  her,  StfcLt'toW 
or  their  Mailer  or  Owner,  double  the  Time  he,  fhe,  or  they  ihall  there  remain  af-  '^''"''^*  '^^«' 
ter  the  Expiration  of  the  Time  he,  fhe,  or  they  have  to  ferve  by  Indenture  or 
otherwife ;  and  further,  lerve  his,  her,  or  their  faid  Mafter  or  Owner,  fuch  Time 

as  ftiall  be  ordered  by  the  County  Court,  as  a  Satisfaftion  for  the  Fees  and  other 
Cliarges  his,  her,  or  their  Mafter  or  Owner  hath  expended  for  fuch  Servant  or 
Servants. 

XIII.  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  in  all  Cafes  ^^"^  freeVtr. 
of  Penal  Laws,  whereby  Pcrfons  free  are  punifhable  by  Fine,  Servants  iliall  be  biely'Fine^S!: 
punilhed  by  whipping,  at  the  Difcretion  of  any  Court,  or  Juftice  or  Juftices  be-  ''^""  ^°  ^^ "'"'?" 
fore  whom  luch  Fine  or  Fines  are  recoverable,  not  exceeding  Thirty  Nine  Laihes ;  S'th!<:"FfM.'''^ 
unlefs  the  Servant  fo  culpable,  can  and  will  procure  fome  Perfon  or  Perfons  to  pav 

the  Fine.  .  ^  ^ 

XIV.  AND  he  it  further  EnaHed,  hy  the  Autority  aforefaid.  That  no  free  W'''""'«^'-'''"»<" 
Man  or  Trader  whatfocver,  flwU  buy,  fell,  trade,  barter,  or  borrow  any  Com-  "*"'  ''"*'  ^"'^■ 

moditics 


164  LAWS     of    North-Carolina. 


vi.f '  •'^!1-;  modities  whatfocver,  with,  to,  or  from  any  Apprentice  or  Servant,  whether  fo 
vants'Tsiavrs,  ^^  Indenture  or  otherwife,  or  with  any  Slave  within  this  Government,  without  the 
on  Pen.  of  treble  Confent  of  the  M after,  Miftrefs,  or  Owner  of  fuch  Apprentice,  Servant,  or  Slave, 
K^^'d'el"''"^  "POi^  i^^Jn  of  forfeiting  treble  the  Value  of  the  Commodity  or  Commodities  fo 
traded  for,  bartered  or  fold-,  and  alfo,  lliall  pay  the  Sum  of  Six  Pounds,  Procla- 
mation Money,  to  the  life  of  the  faid  Mafter,  Miftrefs,  or  Owner;  to  be  recovered, 
in  the  Court  of  the  County   where  the  Oifence  fliall  be  committed,  by  Aftion  of 
Debt,  Bill,  Plaint,  or  Information,  wherein  no  Eflbign,  Protedlion,  Injundion, 
Offenderjot  able  or  Wager  of  Law,  fhall  be  allowed  or  admitted  of:  And  if  it  ftiall  fo  happen, 
kHivlmu      that  the  Perfon  fo  offending  Ihall  not  be  able  to  pay  treble  the  Value  of  the  Com- 
modities fo  traded  for,  fold  or  bartered,  and  the  Sum  of  Six  Pounds,  fuch  Perfon* 
ftiall  then  be  adjudged,  by  the  County  Court,  to  be  fold  as  a  Servant  for  the  fame. 

i!f?M*n'hf"'"*  ^^'  -P-^OF/D^JD  always.  That  if  the  Mafter,  Miftrefs,  or  Owner  of  fuch 
.iy  fl'tkerpafon  Apprentice,  Servant,  or  Slave,  fliall  not,  within  Six  Months  after  he  or  ftie  ftiall 

■»/•  have  Information  or  Knowledge  of  fuch  Offence,  profecute  the  Offender  or  Of- 

fenders for  the  fame,  that  then  it  fhall  and  may  be  lawful  for  any  other  Perfon  fo 
to  do,  and  to  have  and  receive  every  Advantage  and  Benefit  arifing  from  fuch 
Profecution. 

reT.n"t"eir"M"*  ^^^'  J  N  D  be  it  further  EnaEled^  hy  the  Authority  aforefaid.  That  every  Ser- 
terrc.oTs,  «  vant,  by  Indenture  or  otherewife,  who  ftiall  imbezzel,  purloin,  wilfully  wafte,  or 
ferve  for  it.  ftiall  trade,  fell,  or  barter,  or  otherewife  make  away  any  of  his  or  her  Mafter  or 
Miftrefs's  Corn,  Cattle,  Sheep,  Hogs,  Stock,  or  other  Goods  or  Provifions,  or 
Commodities  whatfoever,  ftialJ,  upon  Convidion  of  every  fuch  Offence,  by  one 
or  more  Teftimonies,  upon  Oath,  or  Confeftion  of  the  Party,  before  any  County 
Court  within  this  Government,  be  adjudged,  by  the  faid  Court,  to  ferve  his  or 
her  faid  Ma{!er  or  Miftrefs  fuch  Time  as  the  faid  Court  fliall  think  reafonable,  for 
the  faid  Offence,  after  the  faid  Time  by  Indenture  or  otherwife,  as  aforefaid,  is 
expired. 

Wom«  samnt      XVII.  AND  whereas  many  Women  Servants  are  begotten  with  Child  by  free 

saving.'}  t-hild  ^Vi    i^  rr  c  i* 

ier  Servitude,  to  ^e"*  Or  Scrvauts,  to  the  great  Prejudice  of  their  Mafter  or  Miftrefs,  whom  they 
ftrve,  Year  for  fgrve ',  Beit  therefore  further  Ena5ied,  by  the  Authority  aforefaid^  That  if  any  Wo- 
man Servant  fhall  hereafter  be  with  Child,  and  bring  forth  the  fame  during  the 
Time  of  her  Servitude,  fhe  fliall,  for  fuch  Offence,  be  adjudged,  by  the  County 
Court,  to  ferve  her  Mafter  or  Miftrefs  One  Year,  after  her  Term  of  Service  by 
Indenture  or  otherwife  is  expired. 

jfAehasaChiid      XVIII.  ANBhs  it  further  .Enucted,  hy  the  Authority  aforefaid^  That  if  any 

ky     her   Matter,    -r-tj  o  nnir,,..^  ■/       J        J  '  J 

Churchwardens     Woman  Servant  fliall  hereafter  be  delivered  of  a  Child,  begotten  by  her  Mafter, 

ni.^yjdi  her  for  fuch  Servant  ftiall,  immediately   after  Delivery,  be  fold,  by  the  Churchwarden* 

of  the  Parifh  where  the  Offence  fhall  be  committed,  for  One  Year,  after  the  Time 

of  Service  by  Indenture  or  otherwife  is  expired  ;  and  the  Money  arifing  by  fuch 

^L\l  ZTII  ^^^^.'  ^'^^^  ^^  ^°  *^  ^^^  ^^  ^^^  Parifli:  And  if  any  white  Servant  Woman  fhall, 
fold  for'a'Year^  during  thc  Time  of  her  Servitude,  be  delivered  of  a  Child,  begotten  by  any  Negro, 
lind'out tii'^t  ^"^^"°»  °^  Indian,  fuch  Servant,  over  and  above  the  Time  ftie  is  by  this  A6t  to 
•T«rs«fAge.^'  ^^'■^^  ^^^^  Mafter  or  Owner  for  fuch  Offence,   fliall  be  fold,  by  the  Churchwardens 

of  the  Parifh,  for  Two  Years,  after  the  I'ime  by  Indenture  or  otherwife  is  expired ; 

and  the  Money  arifing  thereby  applied  to  the  Ufe  of  the  faid  Parifh  -,  and  fuch 

Mulatto  Child  or  Children  of  fuch  Servant,  to  be  bound,  by  the  County  Court, 

until  he  or  ftie  arrive  at  the  Age  of  Thirty  One  Years. 

XIX.  AND  whereas  many  Abufes  have  and  may  be  committed,  by  Perfon* 
who,  under  Pretence  of  underftanding  feveral  Trades  and  Mifteries,  have  pro- 
cured, and  may  hereafter  procure,  largq  Sums  of  Money  to  be  advanced  to  them, 

anal 


L  A  tV  S     c/'     N  O  R  T  H -C  A  R  O  L  I  N  A.  i65 

and  have  entered,  and  may   htrcatter  enter,  into  Covenants  with  Merchants  and    ^-  ^-  '74r. 

Others  in  Great-Britain^  or  elfcwherc,  for  the  Payment  of  large  Wages,  Yearly,  * y<~— ' 

though  they  were,  or  may  be,  totally  ignorant  of,  and  unable  to  ptnorm,  fuch 
Trade  and  Miftery :  For  Remedy  whereof. 


llTJ- 


XX.  B  E  it  Enactedy  by  the  Authority  aforefaid^  That  all  and  every  Perfon  or  Tt^defmen 
Perfons  already  imported,  or  who  lliail  be  hercafcur  imported,  into  this  Govern-  TuL  n?t  c<.  11" 
ment,  as  a  Tradefman  or  Workman,  on  Wages,  and  ihall  be  found   not  to  un-  •'"'^^"^  'f'*^'^ 
derftand  fuch  Trade  or  Employment,  the  Mafttr  or  Owner  of  fuch  Servant  may  m'ycuioffchVir 
bring  him  or  her  to  any  County  Court  of  this  Government ;  which  Court,  upon  ^'6"- 
Complaint  made  to  them  ot   fuch  Deceit,  are  hereby   impowered   and  dircdled  to 

enquire  into  the  fame,  and  upon  finding  any  fuch  Fraud,  may  judge  and  dired: 
fuch  Satisfadfion  to  be  made  to  the  Matter  or  Owner  of  fuch  Servant,  either  by 
Defalcation  of  the  Wages,  or  Part  thereof,  as  to  them  Ihali  feem  juit. 

XXI.  AND  be  it  further  Enected^  by  the  Authority  afcrefaidy  That  if  any  Per-  if  tT,ey  rfFufeto 
fon,  who  is  or  ihall  hcreaitcr  be  imported  or  brought  into  this  Government,  as  a  ^lynt"  t^"'''' °' 
Tradefman"  or  other  Workman,  on  Wages,  iliall  re/ufe  or  negledt  tu  perform  his  <^^":%  t<.'  rrro 
Duty,  or  ihall  abH-nt  himfelf  from  his  Maiter  or  Owner's  Service  without  Leave,  vft^^'ViL^f* 
in  every  fuch  Cafe,  it  Ihall  and  may  be  lawful  for  the  Juftices  ot  the  Lounty  Court  w/ges. 
wherein  fuch  Mailer  or  Owner  refidcs,  upon  Complaint,  and  Proof  to  them  made, 

to  order  fuch  Satistadion  and  Reparation  to  the  Mailer  or  Cwntr  of  fuch  Servant, 
for  the  Damages  fuftained  by  him  tor  fuch  Refufal  or  Ncgltdl,  as  to  thtm  fhall 
feem  jufl;  and  for  every  Day  fuch  Servant  fhall  abftnt  himlclf  from  his  Mailer  or 
Owner's  Service  as  aforefaid,  to  order  and  dired  fuch  Servant  to  fcrve  his  or  her 
faid  Mailer  or  Owner,  Two  Days  for  every  Day's  Abftnce,  aiter  his  i  ime  by  In- 
denture or  otherwife  is  expired,  and  that  without  any  Wages  to  be  paid  for  fuch 
Service. 

XXII.  AND  be  it  further  EnaSfedy  by  the  Authcrity  aforefaid^  That  there  fliall  s^^aBtsFrcedosa 
be  allowed  to  every  Servant,  whether  by  Indenture  or  ctherwUc,  not  having  Yearly 

Wages,  at  the  Expiration  or  his  or  her  Service,  Three  i.  cunJs,  r  roclamation  Mo- 
ney, befides  one  fufficient  Suit  of  wearing  Cloaths  for  fuch  Servant  or  Servants. 

XXIII.  AND  be  it  further  Ena£fedy  by  the  Authority  afcrefaidi  That  if  any  P'^^'en?  import- 
Perfon  or  Perfons  already  have,  or  Ihall  hereafter,  import  into  this  Governmtnt,  Tsut  iny"f,ce 
and  here  fell,  or  retain  for  his  own  Ufe,  as  a  Sluvc,  any  rerfon  or  Perfons  that  ^'■'^"">  '«  p»y 
fiiall  have  been  free  in  any  Chriilian  Country,  IHand,  or  Plantation,  or  lurk  or  |ar'Jd''ubk  ihe 
Moor,  in  Amity  with  his  Majcfty,  fuch  Importer  or  Seller  as  aforefaid  fliall  for-  ^"™  ^^  '^^  ''"'^ 
feit  and  pay,  to  the  Party  from  whom  the  faid  free  Perfon  fhall  recover  his  or  her  '"^' 
Freedom,  double  the  Sum  for  which  fuch  free  Perfon  was  fold  •  to  be  recovered 

in  any  Court  of  Record  within  this  Government,  according  to  the  Courfe  of  Com- 
mon Law,  wherein  the  Defendant  fliall  not  be  admitted  to  plead,  in  Bar,  any  Ad 
or  Statute  for  Limitation  of  Adions:  And  moreover,  fuch  Importer  or  Seller  of  And  fl.aU  give 
any  fuch  free  Perfon  as  aforefaid,  fliall  be  committed  until  he  enter  into  Bond,  be-  tTVr{.n"7o 
fore  the  faid  Court,  with  Two  good  and  fufncient  Sureties,  in  the  Sum  of  Five  "'"^  *''^"  ^"^"^ 
Hundred  Pounds,  Sterling  Money  of  Great-Britai)i,  payable  to  Our  Sovereign  b^^iush't  h.m. 
Lord  the  King,  his  Heirs  and  SuccelTors,  with  Condition,  That  he  fliall  and  do, 
within  One  Year  then  next  enfuing,  tranfport  and  Land  (Danger  of  the  Seas  and 
Life  only  excepted,)  fuch  free  Perfon  folel   by  him  as  a  Slave  as  aiorefaid,  (if  he 
or  flie  fhall  fo  require,)  in  the  Country,  Ifland,  or  Plantation  Irom  whence  he  or 
file  was  indiredly  brought  as  aforefaid  •,  and  fliall  produce  an  authentick  Certifi- 
cate of  his  Performance  thereof  to  the  faid  Court. 

XXIV.  ^iVD  be  it  further  Enact ed^  by  the  Authority  afcrefaid^  That  each  and  On  Complaint  of 
every  Juflice  of  the  Peace  for  the  feveral  Counties  within  this  Government,  are  '">  ^"'^  ''"'°'» 

T  t  hereby 


j55  Laws    o/'North-Carolina. 


A.  D.  1741-  hereby  impowered  and  directed,  upon  the  Complaint  of  any  Perfon  who  now  is, 
^— — V — '  or  herafcer  fh^U  be,  imported  into  this  Government,  and  who  was  free  in  any  Chrif- 
MaminctheMau  tian  Country,  JQand,  or  Plantation,  before  his  or  her  Tranfportation  hither,  who 
ter,  and  hini  the  jg  j^gp^  qj.  {qX,^  ^5  a  Slavc,  to  caufc  the  pretended  Owner  of  fuch  Perfon  complain- 
the  w'tneiTeT,  to  ing,  to  appcaf  bffore  hun,  together  with  fuch  Evidence  or  Evidences  as  fliall  be 
th«  "«=='  cou^'^;  niaterial  •,  and  after  Examination  taken,  in  Writing,  ihall  bind  them  over  to  ap- 
AiiTbeVtermi!  pear  at  the  next  County  Court  of  which  he  is  a  Member,  where  the  faid  Complaint 
■**''  (hall  be  heard  and  determined  without  any  formal  Procefs  of  Law. 

penalty  on  Per.  XXV,  AND  be  it  further  EnaSleii  by  the  Authcrity  afcrefaid^  That  if  any 
i'on.  temjtins  Perlon  or  Perfons  whatfoev.r,  fhall,  dirediy  or  indireftly,  at  any  Time  after  the 
ftor"thdr  mI"  Ratification  of  this  Ad,  tempt  or  perfwade  any  Apprentice  or  other  Servant,  du^ 
tersSemcc.  j-Jj^q.  |.}^g  yjitie  of  his  or  h;r  Service  due  by  Indenture  or  otherwife,  or  any  Negro 
or  other  Slave,  to  leave  tneir  M after  or  Miftrefs's  Service  to  whom  he  or  they  is 
Apprentice,  Servant,  or  Slave,  or  Ihall,  knowingly,  give  Encouragement  to  releive, 
afTifl,  harbour,  or  entertain  any  fuch,  or  fhall,  Icnowingly,  encourage,  relcive» 
affift,  harbour,  or  entertain,  for  any  Space  of  Time  whatfoever,  any  Apprentice, 
Servant,  or  Slave,  who  fhall  wilfully  abfent  him  or  herfelf  from  the  Service  of  his 
or  her  Mafter  or  Mift"refs,  fuch  Perfon  or  Perfons  h  offending,  fhall  forfeit  and 
pay,  for  eacfi  and  every  fuch  Apprentice  or  other  Servant,  and  for  each  and  every 
Neo-ro  or  other  Slave,  the  Sum  of  Forty  Shillings,  Proclamation  Money,  and  for 
each  Twelve  Hours  fuch  Apprentice  or  other  Servant,  Negro,  or  Slave,  be  af- 
terwards abfent  irom  h:s  Mafter  or  Miftrefs's  Service,  the  Sum  of  Five  Shillings, 
Proclamation  Money,  to  be  recovered,  by  the  Mafter  or  Owner  of  fuch  Appren-* 
tice.  Servant,  or  Slave,  by  Adion  of  Debt,  Bill,  Plaint,  or  Information,  in  the 
General  or  County  Court,  wherein  no  EfToign,  Protedion,  or  Injundlion,  fhall  be 
allowed  or  admitted  of:  And  if  it  fliould  fo  happen,  that  any  Perfon  or  Perfons 
convided  Offenders  herein,  fliould  not  be  able,  or  refufe  to  pay  the  Fines  by  this 
Ad  inflided,  in  fuch  Cafe  the  Cffender  fhall  be,  by  Order  of  the  General  or  County- 
Court,  fold  as  a  Servant,  for  fuch  Time  as  the  faid  Court  fhall  think  fufEcient, 
to  pay  the  fame  •,  and  ihall  be,  during  fuch  Servitude,  liable  to  the  Penalties  and 
Forfeitures  intlided  tor  Breaches  of  this  Ad. 

overfeer  i^^'rtg      XXVI.  J  N  D  be  it  further  Ena5fed,  by  the  Authority  aforefaid.  That  if  any 

^ISit  wTwa'  Perfon  fhall  hire  or  ccntrad  himfelf  to  ferve  as  an  Overfeer,  either  upon  Wages 

Jcsror'shlre  of  or  Share  of  the  iroduce,  with  any  Perfon  or  Planter  whatfoever  within  this  Go* 

theCrup.  vernment,  and  fhall  abfent  himfelf  or  depart  from  the  Service  of  his  Mafter  or 

Miftrefs,  before  the  Time  mentioned  in  his  Agreement  or  Contrad  fhall  be  ex* 

pired,  he  fliall,  for  fuch  Offence,  forfeit  his  Right  and  Title  to  his  V/ages,  or 

Share  of  the  Produce. 


f. 


Fenaity  on  Per-  XXVIL  AND  be  it  furthcT  Enactcd,  by  the  Authority  aforefaid^  That  if  any 
si"L"»?of*he  Perfon  or  Perfons  whatfoever,  Ihall,  diredly  or  indiredly,  at  any  Time  after  the 
Go7ernmU/  '  Ratification  of  this  Ad,  tempt  or  perfuade  any  Negro  or  Negroes,  or  other  Slave 
or  Slaves,  to  leave  his,  her,  or  their  Mafter  or  Miftrefs's  Service,  out  of  an  Intent 
and  Defign  to  carry  or  convey  away  him,  her,  or  them,  out  of  this  Government, 
or  (hall  iiarbour  or  conceal  him,  her,  or  them,  for  that  Intent  and  Purpofe, 
and  be  thereof  convided,  by  his,  her,  or  their  own  ConfefTion,  or  the  Oath  of 
one  credible  Witnefs,  fuch  Perfon  or  Perfons  fhall,  by  the  Two  next  Juftices  of 
the  Peace,  be  committed  to  Goal,  or  bound  over  to  the  next  Court  to  be  held 
for  the  County  where  the  Offence  fhall  be  committed,  and  fhall  be  profecuted,  by 
Indidment,  for  the  faid  Ofence ;  and  being  thereof  lawfully  convided,  fliall,  by 
the  faid  Court,  be  adjudged  to  pay,  to  the  Mafter  or  Miftrefs,  for  each  Negro  or 
other  Slave  fo  inticed  or  perfuaded,  for  the  Pupofe  aforefaid,  the  Sum  of  Twenty 
Five  Pounds,  Proclamation  Money,  or  the  Value  thereof-,  to  be  levied  by  Order 
of  the  faid  Court :  But  in  Cafe  the  Party  offending  fliajl  not  be  found  worth  Lands, 

Goods, 


LAWS    o/'    North-Carolina.  167 

Goods,  or  Chattels,  to  the  Value  atbrefaid,  then  the  faid  Court  fiiall  adjiidge  him      -^  ^-   '74'- 

her,  or  them,  to  ferve  the  Owner  of  fuch  Slave  or  Slaves,  or  his  Affigns,  Five  ^ * ' 

Years ;  and  lb  deliver  him,  her,  or  them,  over  to  the  Mailer,  Miilrefs,  cr  Owner 
of  fu£h  Slave  or  Slaves,  fo  tempted  or  perfuaded  as  atorcfaid,  and  malje  Record 
thereof;  But  if  any  Perfon  or  Perfons  fhall  io  tempt  and  pradice  with  any  Neoro 
or  Negroes,  or  other  Slave  or  Slaves,  and  him,  her,  or  them,  fo  tempted,  fhall  ac- 
tually convey  away,  or  fend  out  of  this  Government,  and  be  afterwards  apprehended 
and  convifted  thereof,  he,  Ihe,  or  they,  fhall,  by  the  faid  Court,  be  feverally  ad- 
judged and  condemned  as  guilty  of  Felony  j  and  Ihall  fuffer  accordingly. 

XXVIII.  AND  for  Encouragement  of  all  Perfons  to  take  up  Runaways,  Be  "^^^^'^  «°  ?*='- 
it  EnaSed,^  by  the  Authority  afcrefaid.  That  for  the  taking  up  Servants  or  Slaves,  ruL"!"^!*  "^ 
if  Ten  Miles,  or  under,  from  the  Houfe  or  Quarter  where  fuch  Servant  or  Slave  ""*'''^'"  '' 
was  kept,  there  fhall  be  allowed,  by  the  Mailer,  if  known,  and  refiding  in  the 

County,  if  not,  by  the  Public,  as  a  Reward  to  the  Taker-up,  Seven  Shillincrs  and 
Six  Pence,  Proclamation  Money,  and  for  every  Mile  above  Ten,  Three  Pence^ 
over  and  above  the  faid  Sum  ;  which  faid  fevtral  Rewards  fhall  be  paid  by  the 
Churchwardens  of  the  PariHi  where  fuch  Taker-up  fhall  refide,  or  where  he  fhall 
bring  fucli  Runaway  before  a  Juftice  of  the  Peace  i  and  fhall  be  levied  again  by  '• 

the  Churchwardens  of  the  faid  Parilh,  upon  the  Lid  Mailer  or  Owner  of  fuch  Run-  ^ 

away,  for  Reimburfment  of  the  fame  to  the  Parifh:  And  for  the  greater  Certainty  Reward  how  t« 
m  paying  the  faid  Rewards,  and  reimburfing  the  Parifh,  every  Juftice  of  the  Peace  *"  ^ ''''• 
before  whom  fuch  Runaway  fhall  be  brought,  upon  the  taking  up,  fhall  grant  a 
Certificate  thereof,  in  which  he  fhall  mention  the  proper  Name  and  Surname  of 
the  Taker-up,  and  the  County  of  his  or  her  Refidence,  together  with  the  Time 
jnd  Place  ot  taking  up  the  faid  Runav/ay,  and  fhall  alfo  mention  the  Name  of  the 
laid  Runaway,  and  the  proper  Name  and  Surname  of  the  Mafler  or  Owner  of  fuch 
Runaway,  and  the  County  of  his  or  her  Refidence,  together  with  the  Diflance  of 
Miles,  in  the  faid  Juilices  Judgment,  from  the  Place  of  taking  up  the  faid  Run-        '       ' 
away,  to  the  Houfe  or  Quarter  where  fuch  Runaway  was  kept ;  upon  producins 
which  Certificate  to  the  Churchwardens  of  the  Pariib  where  the  fame  was  crranted* 
they  fhall  pay,  to  the  Taker-up  of  fuch  Runaway,  or  his  Afligns,  the  Reward 
aforefaid  J  and  Ihall  levy  the  fame  again  as  aforelaid :  But  if  it  fhould  happen,  that 
tht  Mailer  or  Owner  ot  fuch  Runaway  (hould  not  refide,  or  have  EfFcds  in  the  5 

County  where  the  faid  Certificate  fhall  be  granted  by  the  Juftice  as  aforefaid,  the  * 

faid  Churchwardens  fhall  tranimit  the  faid  Certificate  to  the  Sheriff  of  the  County 
where  the  Owner  of  fuch  Runaway  refides,  or  hath  Effeds,  who  fhall,  upon  Re- 
ceipt thereof,  immediately  levy  the  fame  upon  the  Goods  and  Chattels  of  the  Mafter 
or  Owner  ot  fuch  Runaway,  and  return  the  fame  to  the  Churchwardens  aforefaid,' 
or  their  Order  j  any  Law,  Ufage,  or  Cuftom  to  the  contrary,  notwithftanding. 

XXIX.  AND  be  it  further  EmSfed,  by  the  Autority  sforefaid.  That  if  any  Runaway  siav* 
Negro  or  other  Perfon,  who  fhall  be  taken  up  as  a  Runaway,  and  brouc^ht  before  m^""'"^  *"'' 
any  Jufliceof  the  Peace,  and  cannot  fpeak  £«^///?-,  or,  through  Obftinacy,  will  cJ^mHteJto  th*" 
not  declare  the  Name  of  his  or  her  Owner,  fuch  Juftice  fhall,  in  fuch  Cafe,  and  N.tic?  t'en  7^r 
he  is  hereby  required,  by  a  Vv^arrant  under  his  Hand,  to  commit  the  laid  Ne^^ro  ^  '-^"S^Thy  Z 
Slave  or  Runaway  to  the  Goal  of  the  County  wherein  he  or  fhe  fliall  be  taken  u°p  -  "  '" 
and  the  Sherift,  or  Under-Sherilf,  of  the  County  into  whofe  Cuftody  the  faid  Run- 
away fhall  be  committed,  fhall  forthwith  caufe  Notice,  in  Writing,  of  fuch  Com- 
mitment,  to  be  fct  up  on  the  Court-houfe  Door  of  the  faid  County,  and  there  con- 
tinued, during  the  Space  of  Two  Months ;  in  which  Notice,  a  full  Defcription  of 
the  faid  Runaway,  and  his  Cloathing,  fliall  be  particularly  fet  down;  and  fhall 
caufe  a  Copy  of  fuch  Notice  to  be  fent  to  the  Clerk  or  Reader  of  each  Church  or 
Chappel  within  his  County,  who  are  hereby  required  to  make  Publication  thereof, 
by  fetting  up  the  fame  in  fome  open  and  convenient  Place,  near  the  faid  Church 
or  Chappel,  on  every  Lord's  Day  during  the  Space  of  Two  Months,  from  the 

Date 


SherW:". 


i6S  L  A  fV  S    of    North -Carolina. 

A  D    1741.    Pate  thcTcrot :  And  every  sheriff  lailing  to  give  fuch  Notice  as  herein  is  direfted, 
^7Ti""T'  ^^'^  forfeit  and  pay  irive  Founds,  i-rociamation  Money ;  which  faid  Forfeiture 
give  fuch  nTcc^  Ihall  and  may  be  recovered,  with  Cofts,  in  any  Court  ot  Record  in  this  Govern- 
to  forfeit  sK       ment,  by^Vdion  of  Debt,  Bill,  rlaint,  or  information,  wherein  no  Efibign,  Privi- 
iedge,  Frotcdion,  Jnjuntlion,  or    Wager  of  Law,  fliall  be  allowed:  The  One 
Moiety  whereof  ihall  be  to  t.ie  Churchwardens,  for  the  Ufe  of  the  Parifh,  as  well 
as  towards   the  defraying  the  Charges  that  fhail  arifc  and  become  due  by  Virtue  of 
this  Ad,  and  the  ottaer  Moiety  to  the  x'erfon  who  Ihail  fue  ipr  the  fame. 

Ovrner    not  XXX.  AND  be  it  further  EnaSiedy  by  the  Jtithority  aforefaidy  That*  if  within 

Months, *"rum!  the  Space  of  Two  iMontlis,  the  Owner  of  any  fuch  Megro  SLve  or  Runaway  can- 

waytftbef  nt  lo  j^qj-  \y^  knowH,  or  doth  not  claim  the  fame,  that  the  Sheriff  of  the  faid  County  to 

*  '       'c    o»  •  ^fiQfe  Cuffocly  fuch  Runaway  fhail  be  committed,  fhall  caufe  the  faid  Runaway 

to  be  deliv.r.d  to  the  next  Confcable,  to  be  by  him  delivered  to  the  next  Confla- 

ble,  and  fo  from  Lonitable  to  Lonllable,  to  the  Public  Goal  of  this  Government, 

after  fuch  Manner,  and  to  receive  fuch  x  unilhment,  as  in  this  Ad  is  mentioned 

and  dircded. 

^no^'^?T^^  XXX^.  AND  be  it  further  EnaEled,  by  the  Authority  aforefaid.  That  when  any 
Coiicr  msyh.e  Negfo  or  Runaway,  as  aforefaid,  fhail  be  delivered  to  the  Keeper  of  the  Public 
i-^rjew' '"'"''  ^°*^  "f  "^^^^^  Government,  by  Virtue  of  this  Ad,  and  his  or  her  Mafler  or  Owner 
cannot  be  known,  it  fhall  and  may  be  iawiul  fur  the  Keeper  of  the  faid  Goal,  upon 
his  Applic:it!on  to  tue  General  Court,  or  the  nearcfl  County  Court  to  the  faid  Goal, 
or  to  any  Tv;o  Juflices,  out  of  Court,  wth  the  Conlcnt  of  either  of  the  faid  Courts, 
or  Two  Jufliccs,  as  atorefjid,  to  let  the  faid  Negro  or  Runaway  to  Hire,  to  any 
Perfon  or  r'crfons  whom  they  fhall  approve  of,  tor  fuch  Sum  or  Sums  of  Money, 
or  Quantity  of  Commoditic:s,  and  for  fuch  Term  or  Time,  as  they  fball  dired; 
and  that  out  of  the  Money  or  Commodities  arifing  by  fuch  Hire,  all  Fees  relating 
to  the  taking  up,  Imprifonment,  and  conveying  to  Goal,  and  Charges  of  main- 
taining fuch  Negro  or  Runaway,  fhall  be  firfl  paid  and  difcharged,  and  the  Over- 
plus, if  any,  difpofed  of  as  fuch  Court,  who  fhall  order  the  faid  Negro  or  Run- 
away to  let  out  to  Hire,  fhall  dired. 

Owner  .ppMr.  XXXII.  P  ROFTDED  always.  That  when  the  Owner  of  fuch  Negro  or 
b?'dd"verr/'' to  Runaway  fhall  demand  the  fame,  the  Perfon  to  whom  fuch  Negro  or  Runaway 
him,  he  paying  fhall  be  let  out  to  Hire,  fhall  forthwith  deliver  him  or  her  into  the  Cuflody  of  the 
^'"-  Keeper  of  the  Public  Goal,  and  fhall  then  alfo  pay  the  Hire,  in  Proportion  to  the 

Time  the  faid  Runaway  hath  ferved ;  and  the  Keeper  of  the  faid  Goal  Ihall  deli- 
ver the  faid  Runaway  to  his  Mafler  or  Owner,  he  or  fhe  paying  down  all  Fees 
and  Charges  of  taking  up,  Imprifonment,  conveying  to  Goal,  and  maintaining 
fuch  Runaway,  in  Cafe  the  Hire  of  the  faid  Runaway  be  not  iufhcient  to  fatisfy 
•  ,  the  fame. 

Huniwiy    Slave      XXXIII.  A N  D  be  it  further  Enact ed^  by  the  Authority  aforefaid^  That  when 
«7o  p«"''an^ir!n  the  Keeper  of  the  faid  Public  Goal  fhall,  by  Biredion  of  fuch  Court  as  aforefaid. 
Collar  rn  him  ;  jet  out  any  Negro  or  Runaway  to  Hire,  to  any  Perfon  or  Perfons  whomfoever, 
iwfrlbie  for  1^  the  faid  Keeper  fhall,  at  the  Time  of  his  Delivery,  caufe  an  Iron  Collar  to  be  put, 
ifcaps.  on  the  Neck  of  fuch  Negro  or  Runaway,  wirh  the  Letters  P.  G,  flamped  there- 

on i  and  that  thereafter  the  faid  Keeper  fhall  not  be  anfwerable  for  any  Efcape  of 
the  faid  Negro  or  Runaway. 

Rur»w.y»  tak«  XXXIV.  AND  be  it  further  EnaSled^  by  the  Authority  aforefaid.  That  when 
up,  jufticetoor  any  Runaway  Servant  or  Slave  fhall  be  brought  before  any  Juflice  of  the  Peace 
^"ippX  and*"  within  this  Government,  fuch  Juflice  fhall,  by  his  Warrant,  commit  the  faid  Run- 
Um  from  Con  av/ay  to  the  next  Conflable,  and  therein  alfo  order  him  to  give  the  faid  Runaway 
Ehl4"ef""^*'  ^o  many  Lalhes  as  the  faid  Juftice  fhall  think  fit,  not  exceeding  the  Number  of 

Thirty 


LAWS    of    North-Carolina.  i5q 

Thirty  Nine,  well  laid  on,  on  the  bare  Back  of  fuch  Runaway  j  and  -then  to  -be-  ^•-^-  -i74r-_. 

conveyed  from  Conftable  to  Conftable,  until  the  faid  Runaway   fiiall  be  carried  *^ "v — "^ 

home,  or  to  the  Public  Goal,  as  aforefaid. 

XXXV.  AN B  he  it  further  Ena^ed^  That  every  Conftable  (hall,  on  his  Re-  Conftabie   refu- 
ceipt  of  fuch  Runaway,  give  a  Receipt  for  him  or  her ;  and  that  every  Conila-  ^^^^^^,^  5°"'"^ 

^ble  failing  to  execute  fuch  Warrant,  according  to  the  Tenor  thereof,  or  refufing  forfeit  20  s, 
to  give  fuch  Receipt,  Ihail  forfeit  and  pay  Twenty  Shillings,  Proclamation  Mo- 
ney, or  the  Value  thereof  in  Bills,  to  the  Churchwardens,  for  the  Ufe  of  the  Pa- 
rifti  wherein  fuch  Failure  fliall  be ;  to  be  recovered  by  a  Warrant  under  the  Hands 
of  any  Two  Juftices  within  the  County  where  fuch  Conftable  ftiall  refide :  And  fuch 
Corporal  Puniftiment  fhall  not  deprive  the  Mafter  or  Owner  of  any  Runaway  Ser- 
vant of  the  other  Satisfa6tion  herein  by  this  A6t  appointed  to  be  had  of  fuch  Ser- 
vant, for  his  or  her  running  away. 

XXXVI.  A  N  D  be  it  further  Ena5fed^  hy  the  Authority  aforefaid^  That  if  any  swif  employing 
Sheriff",  Under-SherifF,  or  Conftable,  fliall  fet  to  work,  employ,  or  let  out  to  k7e^n"them'r 
Hire,  without  Order  of  Court  as  aforefaid,  any  Runaway  Servant  or  Slave  com-  CuXdy'  i^ger 
mitted  to  the  Cuftody  of  any  of  them,  or  Ihall  detain  fuch  Runaway  longer  in  his  reaV^to'^wftit 
or  their  Cuftody  than  by  this  Ad  is  direded,  he  or  they  fo  offending,  ftiall  for-  s^- ' 

feit  and  pay  Five  Pounds,  Proclamation  Money ;  to  be  recovered,  in  any  Court 

of  Record  in  this  Government,  by  Action  of  Debt,  Bill,  Plaint,  or  Information, 

wherein  no  Eflbign,  Proteftion,  Privilege,  or  Wager  of  Law,  ftiall  be  allowed : 

One  Moiety  whereof  to  be  paid  to  the  Churchwardens,  for  the  Ufe  of  the  Parifh 

where  the  Offence  flial]  be  committed,  and  the  other  to  him  or  them  who  ftiall 

fue  for  the  fame:  And  if  any  Sheriff",  or  his  Under-SherifF,  or  any  Conftable,  into  sherif   fuffering 

whofe  Hands  any  Runaway  Servant  or  Slave  fliall  be  committed,  by  Virtue  of  Runaway  to  e- 

this  Aft,  ftiall  negligently  or  wilfully  fuffcr  fuch  Runaway  to  efcape  the  faid  Sheriff",  [h?D  J.'gt  " 

Under-sheriff",  or  Conftable,  he  or  they  fliall  be  liable  to  the  Adion  of  the  Party 

grieved,  for  Recovery  of  his  Damages,  at  the  Common  Law,  with  Cofts. 

XXXVW.  A  N  B  be  it  further  Ena5fed,  hy  the  Authority  tiforefaid.  That  all  and  ConftaW«    ex=. 
every  the  Conftables  within  this  Government,  for  their  Encouragement  to  perform  pryCg  LevleT 
their  Duty,  be,  and  they  are  hereby,  for  the  future,  exempted  from  the  Payment  of 
all  Public,  County,  and  Parifti  Levies,  for  their  own  Perfons,  during  their  Con- 
tinuance in  Office  j  and  that  the  Keepers  of  Ferries  within  this  Government,  ftiall  Ferry-keepers  to 
give  immediate  Pafiage  to  all  Conftables,  and  their  Affiftants,  charged  with  con-  %l^^  e'Tc'n" 
during  any  Runaway  or  Runaways,  either  to  the  Public  Goal,  or  to  fuch  Run-  ftaWef  ^charged 
away  or  Runaways  Mafter  or  Owner,  without  charging  fuch  Conftable,  or  their  ""'^^  Runaways. 
Affiftants,  for  the  Ferriage,  either  going  or  returning:  But  aft  fuch  Ferriages  of  such  Ferriages  to 
Conftables,  and  their  Affiftants,  ffiall  be  paid  by  the  Churchwardens  of  the  Parifti  ^^  pa><i  by  th« 
where  fuch  Ferry-keepers  refpeftively  live,  and  levied,  as  aforefaid,  upon  the  *^*»""*»*"<'«''«- 
refpedtive  Mafters  or  Owners  of  fuch  Runaways. 

XXXVIII.  ANB  he  it  further  Enacted^  by  the  Authority  aforefaid^  That  from  sherifsandGd 
and  after  the  Publication  of  this  Ad,  the  Fees  and  Allowances  of  the  faid  Sheriff"s  J^fIZ 
and  Goaleis  be  as  followeth-.  That  is  to  fay.  For  the  Commitment  of  every  fuch 
Negro  or  Runaway  to  any  County  Goal,  the  Sheriff"  ffiall  be  paid,  for  his  Fee,  the 
Sum  of  Two  Shillings  and  Six  Pence,  Proclamation  Money,  and  for  the  keeping     j^ 
or  maintaining  him  or  her  in  Goal,  for  every  Twenty  Four  Hours,  the  Siim  of    '' 
Six  Pence,  and  for  his  or  her  Releafement,  the  Sum  of  Two  Shillings  and  Six 
Pence ;  and  that  the  Keeper  of  the  Public  Goal  of  this  Government,  for  the  Com- 
mitment of  every  fuch  Negro  or  Runaway,  ffiall  be  paid  the  Sum  of  Two  Shil- 
lings and  Six  Pence,  Proclamation  Money,  and  for  his  or  her  keeping  in  Goal, 
every  Twenty  four  Hours,  the  Sum  of  Six  Pence,  Proclamation  Money,  and  for 
his  or  her  Releafement,  the  Sum  of  Two  Shillings  and  Six  Pence,  Ptoclamation 

U  u  Money, 


I/O  LAWS    c/'North-Carolina. 

A.  D.  I74T.    Money,  and  no  more:  And  if  any  Sheriff,  in  any  County  of  this  Government,  or 
shTf'f'^G'd^  Keeper  of  the  PubUc  Goal,  fliall  demand  or  take  any  greater  Fee  or  Allowance 
takTng  °%rlater  tlian  is  hereby  before  appointed  and  allowed,  for  the  Services  and  Maintenance 
Fee^s,  to  forfeit  aforefaid,  or  any  of  them,  he  or  they  fo  offending,  fhall,  for  every  Offence,  for- 
feit and  pay  to  the  Party  greived,  the  Sum  of  Twenty  Shillings,  Proclamation 
Money,  and  lliall  alfo  refund  and  pay  back  to  the  Parties,  fuch  Sum  of  Money 
which  fuch  Sheriff  or  Goaler  fhall  receive  and  take,  over  and  above  the  Fees  an(t 
Allowances  herein  before  appointed  ;  which  faid  Forfeiture  of  Twenty  Shillings, 
fhall  and  may  be  recovered  by  a  Warrant  from  any  Juflice  of  the  Peace  of  the 
County  where  fuch  Offence  fhall  be  committed. 

Runaway!  fup-       XXXIX.  A  N  D  he  it  further  Ena^ed,  by  the  Juthority  aforefaid.  That  when 

[o  o?herG.';v!rn!  ^"7  Negto  Or  Other  Runaway  whofe  Owner  is  fupfsofed  to  be  refidertt  in  any  other 

ments,  coaler  to  Provincc,  fhall  be  committed  to  any  Public  Goal  of  this  Government,  the  Keeper 

Defcriplion'^'of*  of  '^hc  faid  Goal  fhall,  by  the  firfl  Opportunity  after  fuch  Commitment,  fend  a 

them.  Defcription  of  fuch  Negro  or  Runaway,  together  with  the  Account  of  the  Time 

of  the  Commitment,  and  the  County  where  fuch  Runaway  is  committed,  to  the 

Prefs,  to  be  advertifed  in  the  Virginia,  or  South-Carolina  Gazette  j  for  which  he 

fhall  be  reimburfed  by  the  Owner  of  the  faid  Slave  or  Runaway. 

fJmt"  "''  '*  ^^      ■^^'  ^  ^-^  ^'^  ^'^  further  Ena^ed,  by  the  Authority  afrefaid.  That  no  Slave  fhall 
go  armed  with  Gun,  Sword,  Club,  or  other  Weapon,  or  fhall  keep  any  fuch 
Weapon,  or  fhall  hunt  or  range  with  a  Gun  in  the  Woods,  upon  any  Pretence 
whatfoever,  (except  fuch  Slave  or  Slaves  who  fhall  have  a  Certificate,  as  is  herein 
OflTenderi  nwy  ve  after  provided  j)  and  if  any  Slave  fhall  be  found  offending  herein,  it  fhall  and  may 
tak  n  up,  their  \^p  iawful  for  any  Pcrfon  or  Perfons  to  feize  and  take,  to  his  own  Ufe,  fuch  Gun, 
them,  and  they  Sword,  or  Other  Weapon,  and  to  apprehend  and  deliver  fuch  Slave  to  the  next 
whipped.  Conftable,  who  is  enjoined  and  required,  without  further  Order  or  Warrant,  to 

give  fuch  Slave  Twenty  Lafhes,  on  his  or  her  bare  Back,  and  to  fend  him  or  her 
home  -,  and  the  Mafler  or  Owner  of  fuch  Slave  fhall  pay  to  the  Taker-up  of  fuch 
armed  Slave,  the  fame  Reward  as  by  this  Ad  is  allowed  for  taking  up  of  Run- 
aways. 

phntftfJL'  tx  *      "^^^*  -P  -^  0  r/D  £  D  always.  That  nothing  in  this  Adl  fhall  be  conftrued  or 
ceptJ.""  ""    extended,  to  prohibit  or  debar  any  Mafler  or  Owner  of  any  Slave  or  Slaves  with- 
in this  Government,  from  employing  any  one  Slave  in  each  and  every  diflin6t 
Plantation,  from  hunting  in  the  Woods  on  their  Mafter's  Lands  with  a  Gun,  to 
preferve  his  or  her  Stock,  or  to  kill  Game  for  his  or  her  Family. 

Such  Slave  to  car.  XLIT.  PRO  VID  E  D  alfo.  That  fuch  Mafler  or  Owner  fliall  firfl  deliver  in- 
ry  a  erti  cate,  ^^  ^j^^  County  Court,  an  Account,  in  Writing,  of  the  Name  of  any  fuch  Slave  to 
be  employed  as  aforefaid ;  and  the  Chairman  of  the  Court  fhall  fign  a  Certificate 
that  fuch  Slave  is  allowed  to  carry  a  Gun,  and  hunt  in  the  Woods  on  his  Mafler 
or  Miflrefs's  Lands :  And  the  Mafler,  Miflrefs,  or  Overfeer  of  fuch  Slave  fhall 
give  him  the  faid  Certificate,  which  fuch  Slave  fhall  always  carry  about  him,  on 
Pain  of  being  apprehended  and  punifhed  as  aforefaid  :  Any  Thing  herein  before 
contained  to  the  contrary,  notwithftanding. 

effIhePhnt*ation      ^LIII.  A  N  D  bc  it  fuTthcr  Enacted,  by  the  Authority  aforefaid.  That  no  Slave 
without  Leave,  fhall  go  ftom  off  the  Plantation  or  Seat  of  Land  where  fuch  Slave  fhall  be  appoint- 
exclptld.f  *""    ^^  ^°  ^^^^'  without  a  Certificate  of  Leave,  in  Writing,  for  fo  doing,  from  his 
or  her  Mafler  or  Overfeer,  (,Negroes  wearing  Liveries  always  excepted.) 


Stock, 


siaresncttoraife  XLIV.  ANT)  be  it  further  Ena£fed,  by  the  Authority  aforefaid.  That  no  Slave 
fhall  be  permitted,  on  any  Pretence  whatfoever,  to  raife  any  Horfes,  Cattle,  or 
Hogs ',  and  all  Horfes,  Cattle,  and  Hogs,  that.  Six  Months  from  the  Date  here- 


LAWS    o/"    North-Carolina.  \ji 

of,  (hall  belong  to  any  Slave,  or  of  any  Slave's  Mark  in  this  Government,  fh^ll    ^-  ^-  ^74- 

be  feifed,  and  fold  by  the  Churchwardens  of  the  Pariih  where  fuch  Horfes,  Cat-  ^ v '. 

tie,  or  Hogs   fhalJ  be,  and  the  Profit  thereof  be  applied,  one  Half  to  the  Ufe  of 
the  faid  jParifh,  and  the  other  Half  to  the  Informer.  '^  "^  '•' 

XLV.  AND  whereas  many  Times  Slaves  run  away,  and  lie  out  hid  and  lurk-  Runaway  slaves 
ing  in  Swamps,  Woods,  and  other  obfcure  Places,  killing  Cattle  and  Hogs,  and  ^^^y '"^  °»'-^»«- 
committing  other  Injuries  to  the  Inhabitants  of  this  Government:  Be  it  therefore 
EnaSled,  by  the  Authority  aforefaid.  That  in  all  fuch  Cafes,  upon  Intelligence  of 
any  Slave  or  Slaves  lying  out  as  aforefaid,  any  Two  Juftices  of  the  Peace  for  the 
County  wherein  fuch  Slave  or  Slaves  is  or  are  fuppofed  to  lurk  or  do  Mifchief, 
fhall,  and  they  are  dereby  im  powered  and  required,  to  iffue  Proclamation  againft 
fuch  Slave  *br  Slaves,  (reciting  his  or  their  Name  or  Names,  and  the  Name  or 
Names  of  the  Owner  or  Owners,  it  known,)  thereby  requiring  him  or  them,  and 
every  of  them,  forthwith  to  furrender  him  or  themfelves  ;  and  alfo,  to  impower 
and  require  the  Sheritf  of  tne  faid  County  to  take  iuch  Power  with  him  as  he  (liall 
think  fit  and  neceflary,  for  going  in  Search  and  Purfuit  of,  and  effcdual  appre- 
hending fuch  outlying  Slave  or  Slaves  ;  which  Proclamation  lliali  be  publifhed  on 
a  Sabbath  Day,  at  the  Door  of  every  Church  or  Chappel,  or  for  Want  of  fuch, 
at  the  Place  where  Divine  Service  (hall  be  performed  in  the  faid  County,  by  the 
Parifli  Clerk,  or  Reader,  immediately  after  Divine  Service:  And  if  any  Slave  or 
Slaves  againft  whom  Proclamation  hath  been  thus  ifTued,  ftay  out  and  do  not  im- 
mediately return  home,  it  (hall  be  lawful  for  any  Perfon  or  Perfons  whatfoever, 
to  kill  and  deftroy  fuch  Slave  or  Slaves,  by  fuch  Ways  and  Means  as  he  or  (he 
Ihall  think  fit,  without  Accufation  or  Impeachment  of  any  Crime  for  the  fame. 

XLVI.  PROVIDED  always,  and  it  is  further  Enabled,  That  for  every  Out-iawd  skve 
Slave  killed  in  Purfuance  of  this  Aft,  or  put  to  Death  by  Law,  the  Mafter  or  foJ b''\h° [lufi* 
Owner  ol  fuch  Slave  (hall  be  paid  by  the  Public  j  and  all  1  ryals  of  Slaves  for  Ca- 
pital and  other  Crimes,  ihall  be  in  the  Manner,  and  according  as  herein  alter  is 
cirefted. 

XLVII.  AND  he  it  further  EnaSied,  hy  the  Authority  aforsfaid.  That  if  any  Confpiracy  of  a- 
Number  of  Negroes  or  other  Slaves,  that  is  to  fay.  Three,  or  more,  (hall,  at  any  sLiv!'r%°duTS 
Time  hereafter,  confult,  advife,  or  confpire  to  rebell,  or  make  Infurredion,  or  Felony.    ''"  ^* 
fhall  plot  or  confpire  the  Murther  of  any  Perfon  or  Perfons  whatfoever,  every  fuch 
confulting,  plotting,  or  confpiring,  (hall  be  adjudged  and  deemed  Felony ;  and 
the  Slave  or  Slaves  convided  thereof,  in  Manner  herein  alter  dircdcd,  (hall  lufFer 
Death. 

XLVIII.  AN  Die  it  further  EnaBed,  hy  the  Authority  afore  faid,  Th;it  every  Manner  cftryina 
Slave  committing  fuch  Offence,  or  any  other  Crime  or  Mifdcmeanor,  fhall  forth-  ^''"'"*  • 
with  be  committed,  by  any  Juftice  of  the  Peace,  to  the  Common  Goal  of  the 
County  within  which  the  faid  Offence  fhall  be  committed,  there  to  befafely  kept; 
and  that  the  Sheriff  of  fuch  County,  upon  fuch  Commitment,  fhall  forthwith  cer- 
tify the  fame  to  any  Juftice  in  the  Com  million  for  the  faid  Court,  for  the  Time 
being,  refident  in  the  County,  who  is  thereupon  required  and  directed  to  ifTue  a 
Summons  for  Two  or  more  Juftices  of  the  faid  Court,  and  Four  Freeholders,  fuch 
as  fhall  have  Slaves  in  the  faid  County  •,  which  faid  Three  Juftices,  and  Four  Free- 
holders, Owners  of  Slaves,  are  hereby  impowered  and  required,  upon  Oath,  to 
try  all  Manner  of  Crimes  and  Offences  that  fliall  be  committed  by  any  Slave  or 
Slaves,  at  the  Court-houfe  of  the  County,  and  to  take  for  Evidence,  the  Confeflion 
of  the  Offender,  the  Oath  of  one  or  more  credible  WitnefTes,  or  fuch  Teftimony 
of  Negroes,  Mulattoes,  or  Indians,  bond  or  free,  with  pregnant  Circumftances, 
as  to  them  (hall  fcem  convincing,  without  the  Solemnity  of  a  Jury  -,  and  the  Of- 
fender being  then  found  guilty,  to  pafs  fuch  Judgment  upon  fuch  Offender,  ac- 
cording 


fe^.'>ii-n 


J 72  LAWS    o/'    North-Carolina. 

J.   D. 


74^  cording  to  their  Difcrttion,  as  the  Nature  of  the  Crime  or  Offence  fhall  require; 
and  on  fuch  Judgment,  to  award  Execution. 


Aii  juftices  may  XLIX.  PROFIDED  alwdys,  and  he  it  Ena^ed,  That  it  fhall  and  may  be 
gro'sTr'yii.  "  lawful  for  cach  and  every  Juftice,  bting  in  the  Commiffion  of  the  Peace  for  the 
County  where  any  Slave  or  Slaves  fhall  be  tried,  by  Virtue  of  this  Aft,  (who  is 
Owner  of  Slaves,)  to  fet  upon  fuch  Tryal,  and  a6t  as  a  Member  of  fuch  Court, 
tho'  he  or  they  be  not  fummoned  thereto :  Any  Thing  herein  before  contained  to 
the  contrary,  in  any-wife,  notwithftanding. 

N>-gro«  giving  L-  A  N  D  to  the  End  fuch  Negro,  Mulatto,  or  Indian^  bond  or  free,  not  be- 
hifc  Teftimony,  j^g  Chnftians,  as  fhall  hereafter  be  produced  as  an  Evidence  on  the  Iryal  of  any 
larsm  cff."^  Slave  or  Slaves  for  Capital  or  other  Crimes,  may  be  under  the  greater*  Obligation 
to  declare  the  Truth  j  Be  it  further  Enadted^  That  where  any  fuch  Negro,  Mulatto, 
or  Indian,  bond  or  free,  fhall,  upon  due  i-'roof  made,  or  pregnant  Circumftances, 
appearing  before  any  County  Court  within  this  Government,  be  found  to  have 
given  a  falfe  Teftimony,  every  fuch  Offender  fhall,  without  further  Tryal,  be 
ordered,  by  the  faid  Court,  to  have  one  Ear  nailed  to  the  Pillory,  and  there  ffand 
for  the  Space  of  One  Hour,  and  the  faid  Ear  to  be  cut  off,  and  thereafter  the  other 
Ear  nailed  in  like  Manner,  and  cut  ofl^",  at  the  Expiration  of  one  other  Hour ;  and 
moreover,  to  order  every  fuch  Offender  Thirty  Nine  Lafhes,  well  laid  on,  on  his 
or  her  bare  Back,  at  the  common  whipping  Poft. 

chairman  of  tJie      LT.  A  N  D  Ic  it  further  EnaEled,  hy  the  Authority  afore  faid.,  That  at  every  fuch 
fverrsi'^ve'^giv"  Tryal  of  Slaves  Committing  Capital  or  other  Offences,  the  firfl  Ptrfon  in  Com- 
ing Teftimony.     miffion  fitting  on  fuch  Tryal,  fhall,  before  the  Examination  of  every  Negro,  Mu- 
latto, or  Indian,  not  being  a  Chriftian,  charge  fuch  to  declare  the  Truth. 

Owner  of  Slave  LII.  P  ROV  ID  ED  always,  and  it  is  hereby  intended.  That  the  Mafler,  Ow- 
w3k/''Dcf£nce  "^i*»  °^  Overfeer  of  any  Slave,  to  be  arraigned  and  tryed  by  Virtue  of  this  Aft, 
for  him.  may  appear  at  the  Tryal,  and  make  what  jufl  Defence  he  can  for  fuch  Slave  ot 

Slaves  i  fo  tliat  fuch  Defence  do  not  relate  to  any  Formality  in  the  proceeding  on 

the  Tryal. 

Slave  tcnv-ati,  Llll.  A  N  D  he  it  further  Enacted,  hy  the  Authority  af ere  faid.  That  when  any 
^:^lZ^.f^^\  Slave  ITiall  beconvifted  Capitally  by  Virtue  of  this  Aft,  the  Juflices  and  Freehol- 
jtto  theAffem.  dcrs  that  fhall  fit  on  fuch  Iryals,  fhall  put  a  Valuation,  in  irroclamation  Money, 
miyplyforhtn!  "P°"  ^"^^  Slave  fo  convifted,  and  certiiy,  under  their  Hands  and  Seals,  fuch 
Valuation  to  the  next  Affcmbly  -,  that  the  faid  Affembly  may  make  fuitable  Allow- 
ance thi^reupon,  to  the  Mafber  or  Owner  of  fuch  Slave. 

Shre  kiiiej   in       LIV.  A  N  D  he  it  further  Enacted,  by  the  Authority  afore  faid.  That  if  in  th« 
fpfrator"!  fefring  difperfing  any  unlawful  Affemblies  of  rebel  Slaves  or  Confpirators,  or  feizing  the 
Arms,  taking  up  Arms  and  Ammunition  of  fuch  as  are  prohibited  by  this  Aft  to  keep  the  fame, 
c^rftionhythe  ^r  in  apprehending  Runaways,  or  in  Corrtftion  by  Order  of  the  County  Court, 
Court's  Order,    any  Slave  fhall  happen  to  be  killed  or  deftroyed,  the  Court  of,  the  County  where 
the  PubHc.""^  '^  fuch  Slave  fhall  be  killed,  upon  Application  of  the  Owner  of  fuch  Slave,  and  due 
Proof  thereof  made,  fhall  put  a  Valuation,  in  r'roclamation  Money,  upon  fuch 
Slave  fo  killed,  and  certify  fuch  Valuation  to  the  next  SefTion  of  Affembly  ;  that 
the  faid  Affembly  may  make  fuitable  Allowance  thereupon,  to  the  Mafler  or  Ow- 
ner of  fuch  Slave. 

kiMi"  %'a"v"'  ^^'  -P^OF/DjED /3/w^j)'j,  and  he  it  further  EnaEied,  That  nothing  herein 
Own"er  may  have  Contained,  fhall  be  conftrued,  deemed,  or  taken,  to  defeat  or  bar  the  Aftion  of 
''ai  ft'^hem"  "*  ^"^  f^^rfon  Or  Perfons,  whofe  Slave  or  Slaves  fhall  happen  to  be  killed  by  any  other 
gain  t  em.       Pgj-fon  whofocvcr,  contrary  to  the  Direftuons  and  true  Intent  and  Meaning  of  this 

Aft; 


LAWS    o/"NoRT  h-Car  o  l  I  n  a.  173 

A6b;  but  that  a] I  and    every  Owner  or  Owners  of  fuch  Slave  or  Slaves,  Ihall  and   ^  ^-   '741. 

may  bring  his,  her,  or  their  Adion,  for  Recovery  of  Damages  for  fuch  Slave  or  ^^ ^ ' 

Slaves  fo  killed. 

LVI.  AND  he  ii  further  Enact ed^  by  the  Authority  aforefaid.^  That  no  Negro  sUvm  not  to  be 
or  Mulatto  Slaves  fhall  be  fet  free,  upon  any  Pretence  whatfocver,  except  for  me-  f^',  ^'TOetUoiiorf 
ritorious  Services,  to  be  adjudged  and  allowed  of  by  the  County  Court,  and  Li-  Scrviess. 
cence  thereupon  firft  had  and  obtained :  And  that  where  any  Slave  fhall  be  fet 
free  by  his  or  her  Mafter  or  Owner,  otherwife  than  is  herein  before  direded,  it  fhall 
and  may  be  lawful  for  the  Churchwardens  of  the  Parifh  wherein  fuch  Negro,  Mu- 
latto, or  Indian^  fhall  be  found,  at  the  Expiration  of  Six  Months,  next  after  his 
or  her  being  fet  free,  and  they  are  hereby  authorized  and  required,  to  take  up  and 
fell  the  fiid  Negro,  Mulatto,  or  Indian^  as  a  Slave,  at  the  next  Court  to  be  held 
for  the  faid  County,  at  Public  Vendue ;  and  the  Monies  arifing  by  fuch  Sale,  fhall 
be  applied  to  the  Ufe  of  the  Parifh,  by  the  Veftry  thereof:  And  if  any  Negro,  shvesfet  free* 
Mulatto,  or  Indian  Slave,  fet  free  otherwife  than  is  herein  diredted,  fhall  depart  i'P"''"^  ^^^ 

,.'.  -i-o-R/r  I  r  1-  n  1^         >jv|v«»v    Province, return- 

this  Province,  within  Six  Months  next  after  his  or  her  Freedom,  and  fhall  after-  ine  in  6  Months, 
wards  return  into  this  Governnrent,  it  fliall  and  may  be  lawful  for  the  Church-  " '''  '^'*^' 
wardens  of  the  Parifh  where  fuch  Negro  or  Mulatto  fhall  be  found,  at  the  Expira- 
tion of  one  ?\ionth,  next  after  his  or  her  Return  into  this  Government,  to  take  up 
fuch  Negro  or  Mulatto,  and  fell  him  or  them,  as  Slaves,  at  the  next  Court  to  be 
held  for  the  County,  at  Public  Vendue-,  and  the  Monies  arifing  thereby,  to  be 
applied,  by  the  Vellry,  to  the  Ufe  of  the  Parifh,  as  aforefaid. 

LVII.  AND  be  it  further  Ena5fed^  by  the  Authority  aforefaid^  That  until  this  Th!»  Aa  to  u 
Aft  fhall  be  printed,  it  fhall  be  publickly  read.  Yearly,  and  every  Year,  Two  TwUe  IVaT* 
feverai  Times  in.  the  Year,  in  every  County  within  this  Government,  by  the  Clerk 
of  each  County,  in  open  Court;  that  is  to  fay,  at  the  Courts  fn  or  next  to  the 
Months  oi  April,  and  September  \  under  the  Penalty  of  Twenty  Shillings,  Procla- 
mation Money,  for  every  fuch  OmifTion  and  Negleft ;  to  be  levied  by  a  Warrant 
from  any  Juftice  of  the  Peace,  and  applied  to  the  Ufe  of  the  Parifh  where  the  Of- 
fence fhall  be  committed :  And  the  Churchwardens  of  every  Parifh  are  hereby  re- 
quired to  provide  a  Copy  of  this  Aft,  at  the  Charge  of  the  Parifh. 

LVIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  and  RepeaiingCiaufe, 
every  other  Aft  and  Afts,  and  every  Claufe  and  Article  thereof  heretofore  made, 
fo  far  as  relate  to  Servants  and  Slaves,  or  to  any  other  Matter  or  Thing  whatfo- 
cver, within  the  Purview  of  this  Aft,  is  and  are  hereby  repealed  and  made  void, 
to  all  Intents  and  Purpofes,  as  if  the  fame  had  never  been  made, 

S  I  G  N  E  D  by 

Gabriel  Johnston,  Efq;  Governor.^ 

William  Smith,  Prefidcnt. 

John  Hodgson,  Speaker. 


X  X  Anno 


« 


LAWS    of   'N OR  th-Car  ol  I  n  a.  ij^ 


A.  D.     I 741. 


Anno  Regni 


G  E  O  R  G  1 1   11, 

Regis,    Magnce  Britannia,  Franci<je,  5c 
Hiberniie,  Decimo  Quinto. 


1  E£ 


At  a  General  ASSEMBLY,  held  at  Wilmington^  in  the  gabr 
Year  of   our  Lord  One  Thoufand   Seven  Hundred   and  Efq^oomnw, 
Forty  One. 


C  H  A  P.    L 

An  A^^  for  ereBing  the  upper  Fart  o/' Bertie  County  into  a  County^  by  the 
Name  of  Northampton  County  j  and  for  regulating  the  Limits  between 
Society  Parijh,  and  the  Northweft  Parijh  of  Bertie  j  and  for  remov-' 
ing  the  Seat  of  Bertie  County  Court. 

I.  TT  T  H  E  R  E  AS  the  County  o^ Bertie  is  very  entenlive,  and  its  Inhabi-  Preamble, 

V  V  ^^nf*  more  numerous  than  any  County  in  this  Frovince  ;  which  renders 
the  PubHc  Bufmefs  of  the  faid  County  very  difficult  to  be  tranfaded  :  For  Reme= 
dy  whereof, 

II.  W  E  pray  that  it  may  be  Enaftedj  And  he  it  EnaSied^  by  his  Excellency  Ga-  i^orthampun 
briel  Johnfton,  Eff,  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefiy's    """  '  "' 
Council  and  General  Ajfembly  of  this  Province,    and  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame.  That  that  Part  of  Bertie  County  which  Ueth  North  and 

tVifl  of  Sandy  Run,  and  in  a  direct  Line  from  the  Head  of  the  faid  Run,  to  the 
Head  of  the  Beaver-Dam  Swamp,  and  down  the  faid  Swamp  and  Meherrin  Creek 
and  River,  be,  and  is  hereby  ereded  into  a  County,  by  the  Name  of  Northamp' 
ton  County  -,  and  that  the  faid  Bounds  fhall,  henceforward,  be  the  Limits  between 
Society  Parifh,  and  the  Northwefi  Parifh  of  Bertie. 

III.  AND  be  it  further  Ena^ed,   by  the  Authority  aforefaid.  That  from  and  inverted  with  »U 
-after  the  paffing  of  this  Act,  the  faid  County  of  Northampton  fliall  be  invefted  Powers. 
With  as  full  and  ample  Powers,  Privileges,  Advantages,  and  Immunities,  as  any 

Other  County  in  this  Province  >  faving  only,  that  the  faid  County  fhall  fend  to  all 

AfTem- 


176  LA  V/  S    of    North-Carolina. 


jf.  D.  1 741     Aflemblies,  after  the  Diflblution  of  this  prefent  Afiembljr,  Two  Reprefentatives, 
'"sr-"       and  no  more. 

Sertucmntyto       IV.  A  N  D  be  it  fui'thcr  EudSfed,  by  the  Authority  aforefdid.  That  5fr/?V  Coun- 
miel^'^''^""  ty  fliall,  in  all  future  General  Affemblies  which  lliall  be  held  after  the  Diffolution 

of  the  prefent  Affembly,  cho9fe,  and  fend  to  the  General  Affembly,  Three  Re- 

prefentatives,  arid  no  more. 

PrefentUeprefen .       V.  AND  be  it  fuvther  EnaSled^  by  the  Authority  aforefaid.  That  the  prefent 
1^'continu.^'du'  Reprefentatives  who  have  been  fent  by  Bertie  County,  fhall,  for  and  during  the 
ring  this  Aihm.   Continuance  of  this  prefent  General  Afiembly,  fit  and  vote  as  the  Reprefentatives 
of  Bertie  and  Northampton  Counties. 

C"urt3  when         \rj.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That. the  Court  of 

■  the  faid  County  of  Northampton  fhall  be  holden  on  the  Fourth  Tuefdays  of  the 

•  Months  of  November,  February,  May,  and  Augiift,  Annually  :   VV  hich  faid  Court, 

at  their  firft  Term  or  SeiTion,  Ihall  recommend  to  his  Excellency  the  Governor, 

proper  Perfons  to  execute  the  refpedive  Offices  of  Clerk  and  Sheriff  of  the  faid 

County,  according  to  Law. 

Court  to  ereft «      VII.  AND  be  it  further  Euacted,  by  the  Authority  afore  faid.  That  the  faid 

Coan-houfe,&c.  Court  fhall,  at  the  Charge  of  the  faid  County,  in  their  firft  or  fecond  Term  or 

Seffion,  make  Orders  and  Rules,  agreable  to  the  Laws  of  this  Province,  for  ereft- 

ing  a  fufficieiit  Court-houfe,  Prifon,  and  Stocks,  near  the  upper  Pottakafey  Bridges, 

as  the  faid  Court  fhall  feem  neceflary. 

•fcft'  c^r  ***       ^^^^'  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Court 

ftoufc,  &c!' "     of  Bertie  County  fhall,  at  the  Charge  of  their  County,  on  the  firft  or  fecond  Teriji 

or  SefTion,  next  after  the  paffing  this  A6t,  make  Orders  and  Rules. for  eredling  a 

fufficient  Court-houfe,  Prifon,  and  Stocks,  at  fuch  Place  as  to  them  fhall  fcem 

moft  convenient  •,  and  the  Levy  lately  laid  by  the  Court  of  Bertie,  for  building  a 

Goal,  fhall  be  appropriated  for  the  Ufes  aforefaid,  in  the  County  in  which  the 

w  the""7'ro!  Tithables  are  refident  •,  and  the  County  of  Northampton  fliall  pay  a  Proportion  of 

Pinion oTxaxet  County  Taxcs  with  Bertie,  to  be  laid  to  difcharge  all  Arrears  which  the  faid  County 

of  Bertie  is  now  in,  for  building  their  feveral  Warehoufes,  and  paying  the  "Wages 

of  their  feveral  Infpedtors,  and  of  runing  the  faid  Line :  And  that  the  Levy  on  the 

Northwefi  Parifh  of  Bertie,  already  laid,  fhall  be  paid  and  accounted  for  to  their 

Veftry. 

Prreeedmg,  of        IX.  P RO  V I D E D  dlways.  That  nothing  in  this  Ad  fhall  be  conftrued,  to 
£'vi'df  °""  '°  extend  to  alter  or  vacate  any  Judgment  or  Judgments  already  had  or  obtained,  or 
any  Suit  already  commenced  in  the  Court  of  Bertie  County  •,  but  that  the  faid  Court 
may  proceed,  as  ufual,  to  Judgment,  and  Execution  thereon. 


CHAP.    n. 

^I'iixJ  i^*"  ^^  -^^y  ^°  ejlahlijh  Torts,  or  Places  of  Delivery  of  Merchandizes  imported. 
cbjp.  I       '       in^  and  exported  out  of  this  Province  ;  and  to  prevent  the  cla?i3efitne  run" 
ning  of  uncujlomed  and  prohibited  Goods,  in  the  feveral  Ports  thereof. 

SIGNED  by 

Gabriel  Johnston,  Efq;  Governor. 

Nathaniel  Rice,  Preiident. 

John  Hodgson,  Speaker. 

Anno 


L  A  f^  S    o/'    North-Carolina, 


ijf 


ct:,ct:.'J^^c:t,ct',t:^!-.c±,r.t3c3bt:1^ct',ctictirt^^ 


A.  D.    1743, 


o 


Anno  Regni 

G  E  O  R  G  1 1   II 

Regis,    Magn^  Brkannicey  Franeta,  & 
Hiberni^y  Decimo  Septimo. 


At   a  General   ASSEMBLY,   held  ^t  Edenton.  the  Se- P*''*'^^^ 

■*->w  r  •!•  1  r  -r  .Johnston, 

cond  Day  of  ^pnl,  m  the  Year  of  our  Lord  One  Thou-*  *^'^'  g^""'^^' 
fand    Seven  Hundred   and  Forty  Three. 


CHAP.    I. 

jifi  A5t^  to  regulate  Elections  for  Members  to  ferve  in  General  AJfembly 

for  the  fever al  Counties^  to  declare  who  .fiall  be  qualified  to  vote  in  the 

faid  Elections,  or  be  eledied  a  Member  of  the  General  Affembly  for  any 

of  the  faid  Counties^  and  to  direB  the  Method  to  be  obferved  in  taking 

the  Foil  at  the  federal  EleSlions  in  the  Counties  and  Towns  in  this  Pro- 


vmce. 


I. 


BE  it  EnaHed^  by  his  Excellency  Gabriel  Johnfton,  Efq;  Governor,  by  and  1^^"""  "^  ♦^'^-^ 
with  the  Advice  and  Confent  of  his  Majejlfs  Council,  and  General  Affmbly  EfeftioLr"  *' 
cf  this  Province,  and  it  is  hereby  Enabled,  by  the  Authority  of  the  fame.  That 
from  and  after  the  Ratification  of  this  A6t,  the  Sherifs  of  the  fcvtral  and  refpec- 
tive  Counties  in  this  Province,  fhall,  at  all  Eledions  hereafter  to  be  made  in  their 
feveral  and  refpedtive  Counties,  for  Members  to  fit  in  General  Aff  mbiy,  take  the 
Votes  of  the  Freeholders,  qualified  to  vote,  in  Manner  following  j  that  is  to  f  ^y. 
Each  and  every  Sheriff  of  the  feveral  Counties  fliall,  at  the  Day  appointed  for  choof- 
ing  Members  of  Affembly,  come  to  the  Place  by  Law  appointed  for  holding  fuca 
Eleftion  in  his  County,  provided  with  a  fmall  Box,  with  a  Lid  or  Cover,  having 
a  Hole  in  it,  not  exceeding  Half  an  Inch  in  Diameter ;  which  faid  C  over  fh«ll  be 
fealed  and  fecured  on  the  Box,  in  the  Prefence  of  the  Infpedors  chofen,  as  in  this 
A(5t  is  hereafter  direded,  to  fee  the  Poll  fairly  and  impartially  taken ;  which  being 
done,  the  Sheriff  fhall,  at  or  before  Ten  of  the  Clock  in  the  Forenoon,  open  the 
Poll,  by  making  Proclamation  Three  Times,  for  fuch  Perfons  as  are  qualified  to 
Vote,  to  come  and  give  in  their  Votes,  by  Ballots  and  after  the  Poll  is  fo  opened^ 

Y  y  the 


lyS  LAWS    of    North-Carolina. 

A.  D.  1743.  the  Sheriff  fhall  attend  the  fame,  and  keep  the  Poll  open  til  One  of  the  Clock  in 
'•— v-^  *  jj^g  Afternoon,  at  which  Time  it  fhall  be  lawful  for  him  to  adjourn  the  Poll  to 
Half  an  Hour  after  T-^o  of  the  Clock,  the  Hole  in  the  Box  being  firft  fealed,  in 
Prefence  of  the  Sheriff,  Infpeftors,  and  fuch  Candidates  as  will  attend  to  fee  the 
fame ;  and  then  fliall  again  open  the  Poll,  as  at  firft,  and  keep  the  fame  open,  and 
attend  the  taking  the  Votes,  as  aforefaid,  until  Sun-fet,  and  no  longer,  without 
it  (hall  be  agreed  by  all  the  Candidates  to  have  it  clofed  fooner. 

freeholders  how       Jj.  AN D  hi  it  further  Enabled.,  by  the  Authority  aforefaid.  That   every  Per- 
VotM?  ^'^^"     fon  qualified  to  vote,  fhall  give  to  the  Sheriff,  in  Prefence  of  the  Infpeftors,  a  Scroll 
of  Paper,  rolled  up,  with  the  Name  or  Names  of  the  Perfon  or  Perfons  he  votes 
for,  written  therein ;  which  Scroll  fhall  be  immediately,  by  the  Sheriff,  put  into 
the  Box,  in  the  Prefence  of  the  Infpedtors,  and  at  the  fame  Time  the  Sheriff,  and 
alfo  each  of  the  Infpeftors,  Ihall  take  a  Tift,  in  Writing,  of  the  Perfon' s  Name 
poll  ho\*  to  be  fo  voting :  And  when  every  Perfon  attending  at  the  Place  of  Eleftion,  fhall  have 
*'''^"^'  voted,  as  before  mentioned,  or  that  the  Sun  ftiall  be  fet,  the  Sheriff  fhall  conclude 

the  Poll,  and,  in  the  Prefence  of  the  Infpeftors,  and  fuch  of  the  Candidates  as 
will  attend,  open  the  Box,  and  take  out  the  Scrolls,  One  by  One,  and  read  the 
Name  or  Names  of  the  Candidate  or  Candidates  written  in  each  Scroll,  and  an  ex- 
a£l:  Account  fhall  be  taken,  by  each  Infpeftor,  from  the  faid  Scrolls,  of  the  Num- 
ber of  Votes  for  each  Candidate;  and  if  there  fhall  be  Two  Scrolls  rolled  together 
and  put  into  the  Box  in  the  Room  or  Place  of  one,  or  if  any  Scroll  contains  the 
Names  of  more  Candidates  than  fhall  be  lawful  for  the  County  to  choofe,  fuch 
shstifr  to  tetnrrt  Sctoll  Or  Scrolls  ftiall  be  caft  away,  as  ufelefs  and  void :  And  when  the  Votes  have 
blwng^'"^r'  been  all  taken  out  and  examined,  as  aforefaid,  whatfoever  Candidate  or  Candidates 
Vute*.  fhall  appear  to  have  moft  Votes,  the  Sheriff  or  Under-Sheriff  ftiall  return  him  or 

them  Burgefs  or  Burgeffes  •,  or  if  Two  or  more  Candidates  fhall  have  an  equal 
Number  of  Votes,  the  Sheriff  or  Under-Sherifi,  being  a  Freeholder,  ftiall  and  may 
return  which  of  them  he  thinks  fitj  in  which  Cafe  only,  the  faid  Sheriff,  or  Un>" 
der-Sheriff,  is  allowed  to  vote. 

Infpeftors  to  he      ^^^-  A  N  B  he  tt  further  EnoMed,  by  the  Authority  aforefaid^  That  the  Infpeftors 

nominated  by  the  aforefaid  fhall  be  nominated  and  appointed  by  the  Candidates ;  but  in  Cafe  of  the 

Candidates,  or   ^^gj^^c^  ^j.  Rgf^jf^^  ^f  ^j^g  Candidates,  the  Sheriff,  or  Under-Sheriff  of  the  County, 

Freeholder  to     fhall  nominate  and  appoint  the  faid  Infpeftors :  And  every  Freeholder,  before  he 

take  an  ouh.     jg  admitted  to  Poll,  or  give  in  his  Vote,  as  aforefaid,  at  any  fuch  Eleftion,  if  it 

be  required  by  the  Candidates,  or  any  of  them,  or  any  other  Freeholder  in  their 

Behalf,  ftiall  take  the  following  Oath  ;  (which  Oath  the  Sheriff  or  Under-SherifF 

is  hereby  impowered  and  direfted  to  adminifter,)  to  wit, 

Oah.  XT'  0  V /hall  fwear,  nat you  have  been  foffeffed of  a  Freehold,  of  Pifty  Acres  of 

X     Land,  for  Three  Months  paft,  in  your  own  Right,  in  the  County  of 
and  have  been  Six  Months  an  Inhabitant  of  this  Province ,  and  that  you  have  net 
given  in  your  Vote  before  in  this  Ele£iion. 

So  help  you  God. 

Who  to  he  ac.  IV.  AND  For  the  Prevention  of  Difputes  which  may  hereafter  arifs  in  Eleftion 
hXt  ^'"'  of  Burgeffes,  concerning  who  ftiall  be  underftood  to  be  a  Freeholder ;  Be  it  Enacted, 
by  the  Authority  aforefaid.  That  every  Perfon  who  hath  an  Eft:ate,  Real,  for  his 
own  Life,  or  the  Life  of  another,  or  any  Eftatc  of  greater  Dignity,  of  a  fufficient 
Number  of  Acres,  in  the  County  which  by  this  Law  enables  him  to  vote,  or  be 
a  Candidate  for  fuch  County,  fhall  be  accounted  a  Freeholder,  within  the  Meaning 
of  this  Aft. 

No  Perfoa  to        \ .  A  N  D  he  it  further  Ena5fed,  by  the  Authority  afrefaid.  That  no  Perfon  here- 
rou,  ««kf,  he  jjfjg^^  gj^^  ^^  admitted  to  give  his  Vote  in  any  Eleftion  of  Burgeffes,  in  any 

County 


LAWS    of    Nor  T  H-C'A  Ro  L  1 1?  A.  ijg 


County  within  this  Province,  unlels  he  hath  been  an  Inhabitant  of  this  Province  ^-  ^-  ..^^^ 

Six  Months,  and  hath  been  poirefTed- of  a  Freehold,  within  the  M|aning  of  this  ^^^^fanin- 

A6t    of  Fifty  Acres  of  Land,  at  leaft  Three  Months  before  he  offers  to  give  his  hib.tim  6  Mon. 

Vote,  -and  is  alfo  of  the  full  Age  of  Twenty  One  Years  :  And  that  hereafter  no  -/  ];:^,-f\/ 

Perfon  fhall  be  deemed  qualified  or  admitted  to  fit  and  vote  in  the  General  AiTem-  L^nd  3  Monthj 

bly,  unlefs  he  hath  been  One  full  Year  an  Inhabitant  of  this  Province,  and  poffef-  ^fyearsofAgef 

fed 'of  a  Freehold,  within  the  Meaning  of  this  Ad,  of  at  leaft  One  Hundred  Acres  No  P«fon^ta^be 

of  Land,  in  the  County  where  he  fhall  beelefted  or  chofen,  and  is  alfo  of  the  full  ^^ S-f^uaiifi^d » 

A^t  of  Twenty  One  Years,  at  the  Time  he  is  chofen.  ^^^  mcntUm. 

Yl.  AND  he  it  further  EnaEled^  by  the  Authority  aforefaid^  That  after  the  Pub-  ah  ^Fr*ehoid«9 
lication  of  Writs,  and  Time  and  Place  for  Eleftion  of  Burgcffes,  as  aforefaid,  every  vote!"'"' 
Freeholder,  within  the  Intent  and  Meaning  of  this  A6t,  within  the  County  where 
the  Eledtion  is  to  be  made,  refpedively,   may  appear  accordingly,  and  give  his 
Vote,  by  Ballot,  at  fuch  Eledion  :  And  if  any  Perfon  Ihall  give  his  Vote  at  any  ^^.^Jg^'^^l'^^t 
Eleftion  who  is  not  a  Freeholder,  within  the  Meaning  of  this  Ad,  or  (hall  vote  holders,  or  thofe 
twice  at  the  fame  Eledion,  fuch  Perfon  Ihall  forfeit  and  pay  the  Sum  of  Five  ^^'^^  ';"  '^'"• 
Pounds,  Proclamation  Money,  to  him  or  them  that  will  inform  or  fue  for  the 
fame  •,  to  be  recovered,  with  Cofts  of  Suit,  in  any  Court  of  Record  in  this  Province, 
by  Bi'll,  Plaint,  or  Information,  or  Adion  of  Debt,  wherein  no  EfToign,  Protec- 
tion, Privilege,  or  Injundlion,  fliall  be  allowed  of. 

VIL  ANDbeitfurtherEnaifed,  by  the  Authority  aforefaid,  Thit  where  any  ^;;;'Sw;t 
Suit  Ihall  be  brought  againll  any  Perfon  for  voting,  not  being  a  Freeholder,  the  Jie  on  the  Dc- 
Onus  Probandi  lliall  lie  on  the  Defendant, 


VIII.  A  N  D  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  no  Perfon  ^'^"^'''•'f'^^;;\|^ 
or  Perfons,  hereafter  to  beelefted  tofervein  the  General  Aflembiy  for  any  County  ^rvLr^^L 
or  Town  within  this  Province,  after  the  Tell,  or  ifluing  or  ordering  of  the  Writ  ^^f.^'^^"^,'';,''''; 
©r  Writs  of  Election,  Ihall  or  do,  by  himfelf  or  themfelves,  or  by  any  other  Ways  Burgeft. 

or  Means,  in  his  or  their  Behalf,  or  at  his  or  their  Charge,  before  his  or  their 
Eleftion  to  ftrve  in  General  AfTembly  for  any  County  or  Town  within  this  Pro- 
vince, either  diredtly  or  indiredly,  give,  prefent,  or  allow,  to  any  Perfon  or  Per- 
fons having  Voice  or  Vote  in  fuch  Eledion,  any  Money,  Gift,  Reward,  or  Pre- 
fent, or  make  any  Promiie  to  do  the  fame,  to  or  for  him  or  themfelves,  or  for 
any  fuch  Perfon  or  Perfons  in  particular,  or  to  any  fuch  County  or  Town  in  Ge- 
neral, in  Order  to  be  eleded  to  ferve  in  the  General  AfTembly  for  any  fuch  County 
or  Town ;  and  that  all  and  ever  Perfon  or  Perfons  fo  offending,  and  being  guilty 
herein,  after  Proof  thereof  made  to  the  Houfe,  fhall  be  difabled  and  incapacitated, 
upon  fuch  Eledtion,  to  ferve  in  the  General  AfTembly  for  fuch  County  or  Town, 
during  the  Continuance  of  that  AfTembly. 

IX.  AND  be  it  further  Enabled,  That  if  at  any  Time  any  Candidate,  or  other  Candidate  m- 
Perfon  in  his  Behalf,  fliall  delire  a  Copy  of  the  Poll,  the  Sheriff  or  Under-Sheriff,  Jif/p.^  s^J,^ 
who  Manages  the  Ele6Hon,  as  foon  as  may  be,  fliall  caufe  a  fair  Copy  thereof  to  to  ddiverit. 
be  made,  and  fliall  deliver  it,  attefted  with  his  own  Hand,  unto  fuch  Candidate 

®r  other  Perfon  as  fhall  require  the  fame,  as  aforefaid. 

X.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  the  Sheriff  f^/fethfp^ 
of  any  County,  or  in  his  Abfence,  the  Under-Sheriff,  fliall  refufe  to  take  the  Poll,  :'^' *''^*'fj^.^'[°'J- 
or  fliall  take  it  in  any  other  Manner  than  is  herein  direded,  or  fliall  refufe  or  neg-  '^^ilzkii\ou' 
left  to  give  a  Copy  of  the  Poll,  as  aforefaid,  or  fliall  not  regularly,  and  in  Time, 

return  the  Writ  of  Ele6tion,  or  fliall  make  a  falfe  Return  thereof,  every  fuch  Sheriff 
or  Under-sheriff,  as  aforefaid,  offending  herein,  or  in  any  of  thefe  Cafes  refpedively, 
fliall  forfeit  and  pay  the  Sum  of  Fifty  Pounds,  Proclamation  Money ;  one  Moiety 
to  his  Majefly,  his  Heirs  and  Succeflbrs,  for  and  toward*  defraying  the  contingent 

Charges 


i8o  X^//^»So/*North-Carolina. 

A.  D.  1743.    Charges  of  this  Government,  and  the  other  Moiety  thereof  to  him  or  them  that 

''^^      y      ^  will  inform  and  fue  for  the  fame ;  to  be  recovered,  with  Cofts,  in  the  General 

Court  of  thi^Province,  by  Adion  of  Debt,;Bill,  Plaint,  or  Information,  in  whch 

no  Eflbign,  Protedion,  Injunftion,  Privilege,  or  Wager  of  Law,  Ihall  be  allowed. 

fiieft-ans   for  X\.  A  N  B  be  it  further  Ena5ied^  by  the  Authority  ^/or^/^/W,  That  hereafter,  the 

fleTme  M^nnl"  Elcftion  in  the  feveral  Towns  in  this  Province  of  a  Burgefs,  to  fit  in  General  Af- 
of  CuuTties!""'"  fembly,  fhall  be  by  Ballot,  in  the  fame  Manner  as  is  direded  for  the  feveral  Coun- 
ties in  the  fame. 

a.epeaijggckufe.  XII.  A  N  D  be  it  further  Ena5led^  That  all  and  every  other  Ad  and  Ads,  and 
every  Claufe  and  Article  thereof,  heretofore  made,  fo  far  as  relate  to  the  Regu- 
lating Eledions  of  Burgcffes  for  the  feveral  Counties  in  this  Provine,  or  the  Method 
of  taking  the  Poll  in  the  feveral  Towns  thereof,  for  a  Burgefs,  to  fit  and  vote  in 
General  Aflembly,  is  and  are  hereby  repealed  and  made  void,  to  all  Intents  and 

.  Purpofes,  as  if  the  fame  had  never  been  made. 


CHAP.     II. 

An  ASt,  for  obtaining  an  exaSl  Lift  of  'Taxables,  and  for  the  effeBual 
colle5iing  as  well  all  Arrears  of  Taxes^  as  all  other  TaxeSy  for  the  fu- 
ture due  and  payable. 

Preamble.  I.  TTTHEREASit  appears,  by  the  Lifts  of  Taxables  delivered  in  by  the 

W  Shcrifs  and  other  Officers,  from  the  feveral  and  refpedive  Counties  of 
this  Province,  as  well  as  by  many  Informations  by  the  faid  Officers,  and  other 
Inhabitants  of  this  Province,  that  a  full  and  compleat  Lift  has  never  yet  been  ob- 
tained, by  any  Laws  now  in  Force :  And  whereas  the  equal  Payment  of  Taxes 
is  of  great  Confequence :  Therefore, 

Perfons  to  te         It.  WE  pray  that  it  may  be  Enaded,  And  be  it  EnaEled^  by  his  Excellency  Ga- 
gi""ira''L,iT:°  of  ^^^^^  Johnfton,  Efq\  Governor^  by  and  with  the  Advice  and  Confent  of  his  Majefiy's 
their  Tithabies.    Council,  and  General  Affembly  of  this  Province^    and  it  is  hereby  Enacted^  by  the 
Authority  of  the  fame.  That  from  and  after  the  paffing  of  this  Ad,  the  obtain- 
ing of  fuch  Lift  fhall  be  in  the  following  Manner,  any  Law,  Ufuage,  or  Cuftom, 
to  the  contrary,  notwithftanding  •,  that  is  to  fay.  That  the  Juftices  of  each  County 
Ihall,  at  the  next  Court  to  be  held  for  their  refpedive  Counties  after  the  firft  Day 
of  May  next,  and  fo  Yearly,  iffue  their  Warrant,  figned  by  the  Chairman,  di- 
reded  to  the  Conftable  in  each  and  every  Diftrid  in  the  refpedive  Counties,  au- 
thorizing and  commanding  him  to  go  from  Houfe  to  Houfe,  in  his  Diftrid,  and 
fummon  the  Mafter  or  Milbrefs  of  every  Family,  or  the  Overfeer  of  every  Planta- 
tion, of  which  there  is  no  Mafter  or  Miftrefs,  within  his  Diftrid,  to  appear,  and 
they  are  hereby  required  to  appear,  before  the  then  next  Court  to  be  held  for  the 
County,  or  before  fome  Juftice  for  that  County,  preceeding  the  Time  of  holding 
the  then  next  Court,  and  there  to  give  in,  upon  Oath,  a  Lift,  in  Writing,  of  all 
the'  Taxables  in  his  or  her  Family,  as  a  Mafter  or  Mifti-efs,  or  under  his  Care,  as 
canftaWe  togive  an  Overfeer ;  and  the  Conftable  ftiall  likewife  give  in  a  Lift,  upon  Oath,  to  the 
he  hath  warned!  f^i*^  County  Court,  of  all  fuch  Perfons  fo  warned,  and  the  faid  Lift  fhall  contain 
all  the  Mafters  and  MiftrelTes  of  Families,  and  Overfeers  of  Plantations,  within 
his  Diftrid. 

Conftibie  nte-  HI.  AND  be  it  further^  ErniMed,  by  the  Authority  aforefaid.  That  each  Con- 
mon"^or°to"rel  ftablc  ncgledlng  to  fummon  the  Mafter,  Miftrefs,  or  Overfeer,  as  aforefaid,  or 
torn  fuch  Lift,  neglcding  to  return,  fuch  Lift,  as  is  herein  before  direded,  fhall  forfcjit  and  pay 

Forty 


LAWS    of    North-Carolina.  i8i 


Forty  Shillings,  Proclamation  Money,  for  each  and  every  Neglect;  and  the  ^^•'^-  ^743 
Mafters,  Millrefles,  or  Overfeers,  being  fummoned,  and  negleding  to  appear  ^^  f'^'Zl 
and  give  in  a  Lift  of  their  Taxables  as  aforefaid,  on  or  before  the  lalt  Day  of  Mifter,  &c.  be- 
Court  hereby  appointed  for  that  Purpofe,  fliall  forfeit  Forty  Shillings,  Proclama-  L^gieSTgiv; 
tion  Money,  over  and  above  Twenty  Shillings,  like  Money,  for  every  Month  he  in  his  Lift,  to 
or  Ihe  fhall  be  a  Delinquent,  after  the  laft  Day  of  the  Court,  as  aferefaid.  ^"J^"'  ?° 'every 

Month's    Neg- 

IV.  AND  he  it  further  Enabled,  That  every  Juflice  to  whom  any  fuch  Lift  judices to retum 
of  Taxables  ftiall  be  given,  purfuant  to  this  Aft,  fhall  return  the  fame  to  the  '^^  ufo  to  th« 
Clerk,  on  or  before  the  Time  of  holding  the  Court  to  which  the  faid  Lifts  are  of  5 1'. 
hereby  returnable ;  under  the  Penalty  of  Five  Pounds,  Proclamation  Money. 

V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  the  Pe-  be"'lo"re'd1ind 
nalties  of  this  A£t,  the  Recovery  and  Application  of  which  is  not  otherwife  di-  applied, 
refted,  fhall  be  recovered,  in  any  Court  of  Record,    by  Adion  of  Debt,  Bill, 

Plaint,  or  Information,  or  by  a  Warrant  before  one  or  Two  Juftices  of  the  Peace, 
according  as  the  fame  may  be  cognizable  ;  and  applied,  one  Half  to  the  Informer, 
and  the  other  Half  to  be  paid  to  the  Juftices,  for  the  Ufe  of  the  County  where 
the  fame  is  recovered. 

VI.  AND  to  the  End  that  all  Arrears  of  Taxes  may  be  collefted.  Be  it  En-  ^J,"''/"',*^"^'^^ 
acted,  by  the  Authority  aforefaid.  That  every  prefenr,  as  well  as  former  Sherifs,  tiie  Tax^s,  to 
of  each  and  every  County  in  this  Province,  who  hath  not  fully  collected  thefeveral  ?,*=  <"««d'"5 
and  refpective  Taxes  which,  by  Law,  he  ought  to  have  collected  for  feveral  Yeais  thereof,  oni'eu. 
laft  paft,  fhall  make  a  true  and  exact  Lift  of  all  the  Perfons  within  his  County  °^  *°'" 
from  whom  he  hath  received  any  Tax,  the  Number  of  Tythables,  and  the  Money 
received,  and  for  what  Year  particularly,  and  make  Oath,  before  fome  Magiftrate 

of  the  County,  that  the  faid  Lift  or  Accompt  is  true  and  juft,  and  fhall  deliver 
the  fame  to  the  Sheriff  then  next  fucceeding  after  the  Ratification  of  this  Act,  on 
or  before  the  firft  Day  of  July  next,  under  the  Penalty  of  Forty  Pounds,  Procla- 
mation Money  ;  to  be  recovered,  by  Action  of  Debt,  Bill,  Plaint,  or  Informa- 
tion, in  the  General  Court  of  this  Province,  wherein  no  Eflbign,  Protection,  In- 
junction, or  Wager  of  Law,  fhall  be  allowed  or  admitted  of,  by  the  Sheriff  to 
whom  fuch  Lift  is  to  be  delivered  ;  or  in  Default  of  the  Sheriff  profecuting  the  f  "^■''"^i^lifg '^ 
fame  in  Two  Months  after  the  faid  firft  Day  of  July,  by  any  Perfon  who  will  fue  d't  fc  r  u  in  two 
for  the  fame  :  One  Half  of  fuch  Forfeitures  to  be  to  fuch  Sheriff,  or  fuch  Perfon  t'^f^^k^m^j, 
who  fues  for  the  fame,  and  the  other  Half  to  and  for  the  contingent  Charges  of 
the  County. 

VII.  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  the  feveral  sheriff  toeoiierf 
Sherifs,  in  their  feveral  Counties,  fhall  have  Power  to  collect  all  Arrears  of  Taxes,  Ju  2«.''i7'"''' 
due  for  the  feveral  Years  laft  paft,  from   any  Perfons  whofoever,  immediately  af- 
ter pafTing  of  this  Act,  and   until  the  firft  Day  of  December  then  next  following  ; 

and  fhall  put  up  Notice,  from  Time  to  Time,  at  what  convenient  Place,  and  when 
they  will  attend,  for  fuch  Perfons  to  bring  their  Taxes  then  in  Arrear  and  due  •, 
and  on  Refufal  or  Neglect  of  any  Perfon  or  Perfons  to  pay  the  fame,  at  the  Times  Perfons  negie«- 
and  Places  appointed,  the  faid  Sherifs,  and  every  of  them,  within  their  refpective  J."^ '"to'^make"* 
Counties,  fhall  make  Diftrefs,  for  fuch  Levies  in  Arrear,  on  fuch  Perfon  or  Per-  D.ftrefs ;  hisFet 
fons  fo  refufing  or  neglecting,  at  any  Time  on  or  before  the  faid  firft  Day  of  Be-  * '"  * ''" 
cember  next ;  and  for  each  particular  Diftr^r,  each  Sheriff  fhall  be  feveraily  allow- 
ed Two  Shillings  and  Eight  Pence,  Proclamation  Money,  to  be  paid  by  the  Party 
on  whom  fuch  Diftrefs  ftiall  be  made. 

VIII.  AND  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  each  re-  sheriff tr,»ccet.flt 

f,  r>i        ■  m  r,      \\  /^      I        r        r      I       *  I- rV-«  inn  before  7an.  i,  &' 

fpective  Sheriff  fhall  accompt,  on  Oath,  tor  fuch  Arrears  or  Taxes  as  he  mail  re-  make  good  Dcii- 
•eive,  with  fuch  Perfon  or  Perfons  as  by  the  Laws  of  this  Province  he  ought,  on 

Z  7  or 


iSz  LAWS      of     N  O  R  T  H -C  AR  O  L   I  N  A. 

A.  D.  1743.  or  before  the  firft  Day  of  January  next,  and  make  good  Deficiencies,  under  the 
ie  "^'"'i>  Penalty  of  Fifty  Pounds,  Proclamation  Moneys  to  be  recovered,  in  the  General 
c.enaes,  on  en.  ^^^^.j.  ^^  ^.j^j^  Provincc,  by  Action  of  Debt,  Bill,  Plaint,  or  Information,  by  the 
Treafurer,  or  other  Perfon  to  whom  fuch  Sheriff  ought  to  have  accounted  and  paid 
the  fame  :  One  Half  to  fuch  Treafurer,  or  other  Perfon  to  whom  the  Money  arif- 
ing  by  fuch  Tax  was  payable  by  the  faid  Sheriff,  and  the  other  Half  to  be  applied^, 
by  the  faid  Treafurer,  or  other  Perfon,  to  the  Ufe  fuch  Tax  was  intended. 

ghenf?notobiig-  IX.  A  N  D  he  H  further  Enabled,  by  the  Authority  af ore/aid.  That  no  Sheriff 
ift  oVS""^  '''  ^al^  be  obliged  to  account  for  any  Taxes,  for  the  future  due  and  collefted  by  him, 
with  any  Perfon  or  Perfons  to  whom,  by  Law,  he  is  accountable,  until  the  firft 
Day  of  Jufie^  Yearly,  and  then  next  immediately  following  the  Time  of  his  At- 
tendance at  the  Warehoufes  in  his  County,  to  receive  fuch  Taxes  •,  when  he  fhali 
accompt  with,  and  pay  to  the  Perfons  he  is  or  fliall  be  by  Law  required,  the  Taxes 
due  for  every  Tithable  in  his  County,  in  Manner  aforefaid. 

sherifF  to  make  X.  A  N  D  for  the  Encouragement  of  Sherifs  to  do  their  Duty,  and  to  relmburfc 
Tlm»t  t.v  wo  ^^''^"^  ^"  ^^^^  ^^^y  ^^^^  ^^^  ^^"^^  ^"^'y  collefted  the  feveral  Taxes  in  their  refpedive 
Yean.    '  Counties  by  the  faid  firft  Day  of  June,  Yearly,  the  faid  Sherifs  refpedlively,  in 

their  feveral  Counties,  fhall  have  Power  to  make  Diftrefs  for  fuch  Taxes  as  fhall 
not  be  paid,  in  Manner  as  is  herein  before  directed,  from  the  Expiration  of  the 
Time  of  their  Attendance  at  the  Warehoufes,  for  and  during,  and  until  the  full 
End  and  Term  of  Two  Years,  then  next  following,  whether  their  Commiffion,  or 
Appointments  as  Sheriff,  fhall  be  determined  or  not,  or  for  a  fhorter  Time,  until 
they  have  received  the  Taxes  from  each  refpe6tive  Tithable  in  their  Counties  •,  and 
the  faid  Sheriff  fhall  receive  Six  per  Cent,  as  well  for  colleding  all  Arrears  of  Tax- 
es, as  all  other  Taxes,  for  the  future  due  and  payable ;  any  Law,  Ufuage,  or 
Cuftom,  to  the  contrary,  notwithflanding. 

no  icMc  Dir-       XI.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  for  the  future, 
tt«  s  to  e  ma  c.  ^^  ^q^^\^\q  Diftrefs  fhall  be  made,  for  Non-Payment  of  Taxes  i  any  Law,  Ufage, 
or  Cuftom,  to  the  contrary,  notwithftanding. 

R=pc»iin8Ciaufe.  XII.  A  N  D  be  it  alfo  further  Enabled,  That  every  Claufe,  Matter,  or  Thing, 
contained  in  any  Aft  or  A61:s  heretofore  made,  fo  far  as  relate  to  any  Matter  or 
Thing  herein  contained,  and  not  by  this  Aft  referred  to,  fliall  be  repealed,  and 
made  null  and  void,  to  all  Intents  and  Purpofes  whatfoever. 


CHAP.    III. 

An  AB,  to  impower  the  Jujiices  of  Beaufort  County ,  to  build  Twofubjian- 
tial  Warehoifes,  at  the  Places  hereafter  mentioned,  in  the  faid  County, 
for  the  Ufe  and  Con'ueniency  of  the  Inhabitants  paying  their  'faxes  and 
Levies, 

PreamWs.  I..  TT  7  H  E  R  E  AS  the  County  ^Beaufort  being  fo  large  and  extenfive, 

V V     ^^^^  o^^  Warehoufc  is  not  jMicient  nor  convenient  for  the  faid  County 
to  bring  their  Commodities  to,  in  Difcharge  of  Levies  and  Taxes  : 

Tufticej  to  la  a      II.  W  E  therefore  pray  that  it  may  be  Enafted,  And  be  it  Enacted,  by  his  Ex- 

levy,  fur  bu;id-  fr/Z^wfj  Gabriel  Johnflon,  Efq-,^  Governor,  by  and  with  the  Advice  and  Confent  of 

his  Majefifs  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  En- 

a^ed,  by  the  Authority  of  the  famsy  That  the  Juftices  Ihall,  at  the  Second  Court 

to 


Z,^/^^e/'    North -Carolina.  183 


A.  D      1:43. 

k ^ i 

iiig    two   NVjre 


to  be  held  for  the  faid  County,  after  the  Ratiiication  of  this  Act,  lay  a  Levy  up- 
on the^  Inhabitants  of  the  faid  County,  not  exceeding  Six  Pence,  Proclamation  ^^^^  ^^ 
Money,  per  Tithable,  for  defraying  the  building  or  hiring  Two  fubftantial  Ware-  houfcs. 
houfes,'  at  the  fevcral  Places  hereafter  mentioned,  within  the  County^  for  the  fafe 
keeping  of  all  Commodities  paid  in  Difcharge  of  Levies  and  Taxes  already  laid, 
and  hereafter  to  be  laid  :  And  in  Cafe  the  faid  Juftices  ftiall  refufe  or  neglect  fo  to  if^they  negka, 
do,  each  Judice  fo  refufing  or  neglecting,  fhall  forfeit  and  pay  the  Sum  of  Five  '°  "' '"  ^  ' 
Pounds,  Proclamation  Money  j  to  be  recovered,  in  any  Court  ol  Record  in  this 
Province,  by  Action  of  Debt,  Bill,  Plaint,  or  Information,  by  him  or  tiiem  who 
will  fue  for  the  fame ;  to  be  applied,  one  Irlalf  to  fuch  Profecutor,  and  the  other 
Half  towards  building  the  faid  Warehoufcs :  One  of  which  Warehoufes  Ihali  be 
built  at  Bath-1'own^  and  the  other  at  xhtRcd  Banks. 

III.  AND  whereas  the  prefent  Warehoufe  at  Core-Pointy  is  found  to  be  very  J^f  "^';?\y  JJ/J 
inconvenient  to  the  Inhabitants  of  the  faid  County  j  li  is  therefore  further  Enact-  ^t'orcFomt'! 
ed.  That  the  Juftices  of  the  faid  County  of  Beaufort  fhall,  and  they  are  hereby 
impowered,  to  take,  fell,  or  carry  away,   all  or  any  Part  of  the  faid  Warehoufe, 

and  apply  the  fame  to  the  Ufe  of  building  the  afore-mentioned  WarehoufcS,   at 
Bath-'-Towriy  and  the  Red  Banks. 

IV.  AND  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the  Infpec-  J-^^P^fJ^^j;^;*; 
tors  already  appointed  by  the  Court,  or  who  Ihall  hereatter  be  appointed,  Ihall  warehoufes. 
attend  at  the  laid  Warehoufes,  and  no  other  Places  •,  and  be  under  the  fame  Re- 
ftrictions  as  is  directed  by  an  Act,  intituled.  An  Act,  for  granting  an  Aid  to  his 

Majefij,  and  other  Pwpofes  therein  mentioned. 


C  H  A  P.     IV. 

An  Acl,  to  afcertaln  what  Attornies  Fees  JImU  he  taxed  and  allowed,  in 
any  Suit  or  ABion^  brought  in  any  of  the  Courts  of  Record  in  this 
Province. 

I.  WJ  HEREAS  there  is  no  Fee,  by  Law,  allowed  to  be  taxed  in  any  Bill  Preamble. 

W    of  Cofts,  fufficient  to  compenfate  any  Attorney  for  his  Trouble,  for 
profecuting  or  defending  any  Suit  or  Caufe,  in  any  of  the  Courts  of  this  Province : 

II.-  B  E  it  therefcre  Enacted,  hy  his  Excellency  Gabriel  Johnfton,  Efq ;  Governor^  Attornies  Fees. 
hy  and  with  the  Advice  and  Confent  of  his  Mcjcfifs  Council,  and  General  Affemhly 
of  this  Province,  and  by  the  Authority  of  the  fame.  That  from  and  after  the  Ratifi- 
cation of  this  Ad,  the  f-veral  and  refpeclive  Attornies  Fees  herein  after  mentioned, 
fliall  be  taxed  and  allowed  in  the  Courts  following ;  that  is  to  fay.  In  the  General 
Court,  on  any  Adion  brought,  or  Suit  commenced  there,  or  by  Petition,  Thirty 
Shillings,  Proclamation  Money  :  In  the  County  Courts,  on  any  Action  broughtj 
or  Suit  commenced  there,  or  by  Petition,  Fifteen  Shillings,  Proclamation  Money. 

III.  AND  to  the  End  that  fuch  Fees  be  received  and  paid  to  whom  the  fame  cvxV  to  infeit 
fhall  be  due.  Be  it  Enacted,  by  the  Authority  aforefaid.  That  upon  DifmiHion  of  ^^  B"ii"/coft8! 
any  Suit,  Verdict  for  the  Plaintiff  or  Defendant,  or  that  the  Plaintiff  fliall  become 
Non-Suit,  or  the  Suit  otherwife  difcontinued,  the  Clerk  of  each  and  every  of  the 
faid  feveral  and  nfpective  Courts,  fhall  infcrt  an  Attorney's  Fee  in  the  Bill  of 
Cofls  taxed  in  the  faid  Caufe,  and  fhall  caufe  the  fame  to  be  levied  as  other  Fees, 
and  paid  to  the  Parties  who  have  a  Right  to  receive  the  fame. 

IV.  PRO' 


1 84  jL^/^.So/'North-CaRolina. 


y1.  D.    1743. 

s  ch  F^not  to  ^^'  P  ROV  ID  ED  akvays.  That  the  Fees  above  mentioned,  for  Suits  com- 
be allowed  on  mcncecl,  as  aforefaid,  in  the  County  Courts,  fhall  not  be  allowed  or  taxed  on  Ap- 
/ippeais.  peals,  brought  from  any  Juftice  or  Juftices,  in  the  faid  Courts,  on  the  Law  for 

Tryal  of  fmall  and  Mean  Caufes. 

V.  A  ND  he  it  further  Ena£led^  hy  the  Authority  aforefaid.  That  if  any  prac- 
leftUi'gd^irDuI  tiling  Attorney  in  any  Court  of  Record  in  this  Province,  Ihall  neglect  to  perform 
fn  d' kn't'prac^  his  Duty  in  any  Action  in  which  he  fhall  be  retained,  or  commit  any  fraudulent 
tices,  liable  to  Practice,  fuch  Attorney  {hall  be  liable  to  an  Action  on  the  Cafe,  at  Common  Law, 
double  Djtnages.  jj^  jj^g  General  or  County  Court  of  this  Province,  to  the  Party  injured  ;  and  on 
the  Verdict  paffing  againfl  him.  Judgment  fhall  be  given,  by  the  faid  Court,  for 
the  Plaintiff,  to  recover  double  Damages,  with  Cofts  of  Suit. 


C  H  A  P.    V. 

An  AB,  for  providing  proper  Magazines  of  Ammunition  in  the  fe^jerdl 
Counties  of  this  Province,  and  for  defraying  the  Charge  thereof. 

OBS. 


l*reamble. 


CHAP.    VL 

An  A£t,  for  making  and  clearing  a  Highway  from  Edcnton,  i?ito  the 
Road  leading  over  Mr.  Hofkins'j  Mill-Dam,  towards  Pequimons 
Court-houfey  a7id  for  ereBing  Bridges  in  fuch  Road,  a?id  alfo  another 
Gate  at  Edenton. 

I.  T  T  7"  H  E  R  E  A  S  for  want  of  a  convenient  Road  from  Edenton,  to  the  faid 
VV     Court-houfe,  and  the  lower  Counties,  Perfons  travelling  to  and  from 
the  fame,  are  put  to  great  Difficulty  :  For  Remedy  whereof. 

Jury  to  lay  out  a  II.  W  E  pray  it  may  be  Enabled,  And  be  it  Enacted,  hy  his  Excellency  Gabriel 
rr''to°^./t"s  Johnfton,  Efq;  Governor,  hy  and  with  the  Advice  and  Confent  of  his  Majefifs 
Mwi.  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the 

Authority  of  the  fame-,  That  a  Road,  leading  from  Edenton,  to  Mr.  William  Hof~ 
kinsh  Mill  Dam,  be  laid  out,  from  the  fecond  Crofs-Street  above  Mr.  Gale^Sy 
in  the  moil  convenient  Manner  that  may  be,  for  the  Ufe  of  the  Inhabitants  below 
the  faid  Tov/n,  and  with  as  little  Injury  as  may  be  to  any  private  Perfon's  Pro- 
perty, by  a  Jury  of  the  following  Perfons,  upon  Oath,  viz.  Thomas  Peirce,  Jacob 
Butler,  Jofeph  Ming,  Nathaniel  Ming,  William  Benbury,  John  Halfay,  John  Ben- 
bury,  John  Blount,  John  Vail,  John  Hull,  John  Harlow,  John  Taylor,  William 
Hofkins,  Luke  Gregory,  William  Lewice^  William  Luten^  Orlando  Champion,  and 
George  LyJle,  or  any  Twelve  of  them  •,  which  Road,  when  laid  out,  made,  and 
cleared,  Ihall  and  is  hereby  declared  to  be  a  Public  Road,  and  to  be  maintained 
by  the  Company  that  now  work  on  the  Road  that  leads  from  the  Town  Gate,  to 
the  aforefaid  Mill  Dam. 

Perfons    injured       \\i    A  N  D  bs  it  furthcr  Enactcd,  by  the  Authority  aforefaid.  That  if  the  faid 
J  be  Vid,   °*    Road  iliould  be  carried  through  the  Lands  of  any  Perfon  or  Perfons,  to  their  Pre- 
judice or  Injury,  that  then,  and  in  fuch  Cafe,  it  fhall  and  may  be  lawful  for  the 
aforefaid  Jury,  to  aflefs  the  Damages  done  fuch  Perfon  or  Perfons,  and  an  Ac- 
count 


LAWS    of    N  ORT  h-Car  o  l  i  n  a.  185 

count  of  the  fame  to  return  to  the  next  fucceeding  County  Court,  which  fhall  be    ^-  ^    '^«- 

held  for  the  County  of  Chowan,  after  fuch  Afleflment ;  and  the  Juftices  of  the  faid  ^""^ ' 

County  Court  are  hereby  impowered  and  dire6teci,  to  lay  a  Levy  on  all  the  tax-  Taxrfn/^yTng 
able  Perfons  in  the  County  aforefaid,  fufficient  to  fatisfy  and  pay  fuch  Damage  or  ^"^^  Damage.* 
Damages  fo  affeffed,  as  alfo  for  building  a  Bridge  or  Bridges,  and  ertcfting  a  Gate 
on  the  Line  between  the  faid  Town  and  County  :  Which  Levy  the  SheritFof  the  sheriff  w  coiiea 
faid  County  is  hereby  directed  and  required  to  colled:,  agreable  to  the  Directions  ^i.°"deduail^g 
of  the  Juftices  of  the  faid  County  Court,  under  the  Penalty  of  Five  Pounds,  Pro-  sp^-c^r.t. 
clamation  Money  •,  and  when  collefted,  to  account,  upon  Oath,  and  pay  the  fame 
to  the  aforcfaid  Juftices,  for  the  Purpofe  aforefaid,  iirft  deducing  Five /•^r  Cf»/. 
for  his  Trouble,  in  coUefting  the  fame. 

IV.  AND  be  it  further  EnaStcd^by  the  Authority  aforefaid.  That  if  any  Sur-  ''"  ""^  Surpias, 
plus  fhall  remain,  after  paying  the  faid  Damages,  and  defraying  the  faid  Charges  L°hS  t««?  '* 
of  building  the  faid  Bridge  or  Bridges,  and  Gate,  the  fame  fhall  be  applied  by  the 
Juftices,  in  the  fame  Manner  as  other  County  Taxes  are  applied. 

■V.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  the  Juftices  Workmen  to  be 
aforefaid,  are  hereby  impowered  to  contraband  agree  with  able  and  fkilful'Work-  foTbuJd'ingGiw 
men.   to  build  a  Bridge  or  Bridges,  where  ever  it  may  be  found  neccfTary,  over  ^^^  Br'<i6«' 
any  Branches  or  Creeks  in  the  faid  Road,  as  alfo  to  eredl  a  Gate  on  the  faid  Road, 
on  the  Line  between  the  Town  and  County  •,  and  any  Pcrfon  or  Perfons  by  them 
employed,  ftiall  have  Liberty  to  cut  down  any  Timber  Trees,  on  any  of  the  ad- 
jacent Lands,  for  the  Ufe  of  building  the  faid  Bridge  or  Bridges,  and  for  ereding 
the  faid  Gate. 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  prefent  Old  Road  ftopt, 
IRoad,  leading  from  the  Town  Gate,  to  Hojkins's  Mill  Dam,  be,  and  is  hereby 
ftopt  up,  and  all  Perfons  are  hereby  exempt  from  working  on  the  fame. 


CHAP.     VIL 

An  AB,  for  ereSiing  a  Court-hoiife,  Prifon,  and  Stocks,  in  Bertie  Coim- 
ty,  and  for  laying  a  Tax  upon  the  Inhabitants  of  the  faid  County  for 
defraying  the  Charge  thereof. 

I.  A^T*^  E  R  E  A  S  great  Difputes  have  arifen  in  the  County  ol  Bertie,  con-  Preamble, 

V  V.  cerning  the  Place  whereon  the  Court-houfe,  Prifon,  and  Stocks,  Ihould 
be  eredted,  in  the  faid  County  -,  by  Reafon  whereof,  they  have  not  hitherto  been 
built :  Therefore,  to  afcertain  the  Place  whereon  the  fame  ftiall  be  built,  and  to 
prevent  Delays  for  the  future, 

II.  WE  pray  that  it  may  be  Enadled,  And  be  it  EnaEled,  by  his  Excellency  Ga-  c..urt-hour<-,&c. 
bricl  Johnfton,  Eff,  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majefiy's  "  ''^"  '  "'  ' 
Council,  and  General  AJfembly  of  this  Province,    and  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame.  That  the  Court-houfe,  Prifon,  and  Stocks,  oi  Bertie  Coun- 
ty, fhall  be  built  between  Cufhy  Bridge,  and  TViUs's  ^larter  Bridge,  in  the  faid 

County,  and  that  all  Courts  ihall  be  there  held  for  the  faid  County,  after  the  fame 
Ihall  be  built ;  any  Law,  Cuftom,  Ufage,  or  Order  of  Court,  to  the  contrary, 
hotwithftanding. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Juftices  Jj^J"^,*"^  fg'" 
of  the  faid  County,  or  a  Majority  of  them,  are  hereby  impowered  and  required, 

A  a  a  at 


3j^6  LAWS    0/    North-Carolina. 


A  D.  1743.    at  the  next  Court  that  fhall  be  held  for  the  faid  County,  after  the  paffing  of  this 

V ^ ^  j^^^  ^^  purchafe,  of  the  Owner,  One  Acre  of  Land,  in  Fee-Simple,  between 

houfe.'&c^'on!'  the  faid  Bridges,  for  the  Ufe  of  the  Public,  whereon  to  build  the  faid  Court-houfe, 
Prifon,  and  Stocks  ;  and  fhall  alfo  contract  with,  or  impower  other  Perfons,  as 
they  fhall  think  proper,  to  contract  with  and  employ  Workmen,  for  building  and 
erecting  the  fame  thereon. 

T.1X  laid  foi*  the       IV.  A  N  D  for  defraying  the  Expences  thereof,  Be  it  further  Enacted,  by  the 

^""'*  Authority  aforefaid^  That  the  faid  Juftices,  or  a  Majority  of  them,  are  hereby  im- 

powered  and  required,  to  lay  a  Tax  on  the  Inhabitants  of  the  faid  County,  not 

exceeding  Two  Shillings  and  Six  Pence,  Proclamation  Money,  for  One  Year,  fer 

Tithable,  for  the  Purpofes  aforefaid. 

Sheriff  to  coika  V.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Sheriff  of 
ihejiceJ.'""  the  faid  County  of  Bertie,  (hall,  and  he  is  hereby  required,  to  colled  the  aforefaid 
Tax,  at  the  Time,  and  in  the  Manner  that  the  Public  Taxes  are  by  Law  to  be 
colleded,  and  pay  the  fame  to  the  Juftices  of  the  faid  Court,  to  be  by  them  ap- 
plied to  paying  the  Workmen  for  building  the  faid  Court-houfe,  Prifon,  and 
Stocks  \  and  alfo,  to  pay  the  Confideration  Money  for  the  One  Acre  of  Land, 
herein  before  directed  to  be  by  them,  the  faid  Juftices,  purchafed. 

pormtrContraftj       VI.  ANT)  be  it  furthcT Enabled,  by  the  Authority  afrefaid.  That  all  and  every 

We  ^&?°"nl  Contrad  or  Contracts  heretofore  made,  by  Virtue  of  any  Order  of  the  Juftices  of 

auUed.     '        the  Court  of  Bertie,  concerning  the  Erefling  a  Court-houfe,  Prifon,  and  Stocks, 

at  or  near  Storiy  Creek,  is  and  are  hereby  annulled  and  made  void  •,  and  all  Perfons 

concerned  therein,  ftiall  and  are  hereby  difcharged  from  performing  the  fame,  or 

any  Part  thereof. 

Materiaiscoiiefl:-  VII.  P  R  0  V I D  E  I)  MvertheUfs,  That  if  any  Perfon,  by  Virtue  of  any  Agree- 
aJd  paid  for.'""^'  ment  with  the  faid  Juftices  heretofore  made,  hath  colleded  any  Materials,  or  done 
any  Work  towards  the  building  of  a  Court-houfe,  Prifon,  and  Stocks,  at  or  near 
Stony  Creek,  the  faid  Materials  or  Work  fo  done,  fhall  be  valued  by  Two  Free- 
holders of  the  faid  County,  one  to  be  chofen  by  the  faid  Juftices,  and  the  other 
by  the  Party  colleding  fuch  Materials,  or  doing  fuch  Work ;  and  the  Money 
fuch  Materials  or  Work  fhall  be  valued  at,  fhall  be  paid,  out  of  the  Tax  to  be 
raifed  by  Virtue  of  this  A(5t. 

Money  already        VIII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  in  Cafe 

Sdfhtjlce''  any  Money  has  been  colleded  by  the  Sheriff  of  the  faid  County,  from  any  Perfon 

and  the  Perfons  or  PerfoHS,  in  Confequence  of  any  Order  of  Court  heretofore  made,  the  fame  fhall 

fer  ir  ^'"'''  be  paid,  by  the  Sheriff  who  colkded  the  fame,  to  the  Juftices  of  Bertie  County 

aforefaid,  for  and  towards  defraying  the  Expence  of  building  the  faid  Court-houfe, 

Prifon,  and  Stocks  ;  and  any  Perfon  or  Perfons  who  has  already  paid  any  Money 

to  the  Sheriff,  in  Confequence  of  any  Order  of  Court,  made  as  aforefaid,  fhall  be 

allowed  the  fame,  in  Difcount  of  any  Tax  he  (hall  be  liable  to  by  Virtue  of  this 

Adt  i  any  thing  herein  contained  to  the  contrary,  notwithftanding. 

SIGNED  by 

Gabriel  Johnston,  Efq;  Governor. 

Nathaniel  Rice,  Prefident. 

Samuel  Swann,  Speaker, 


Anno 


LAWS    of    North-Carolina.     * 


187 


A.  D.    1745. 


O 


Anno  Regni 


GEORGII   H 

Regis,    Magude  Britannia,  Franciie,  & 
Hibernlce,  Decimo  Nono. 


At    a   General   ASSEMBLY,    held    at   Newberny    the  CABRirt 
Twentieth  Dny  o{  ^pril,  in   the  Year  of  our  Lord  One  E%Gov"n«r. 
Thouland    Seven  Hundred   and  Forty  Five. 


CHAP.     I. 

An  A5f,  for  laying  a  Tax  for  finking  the  now  curre?it  Bilk' of  Credit.     Rep.    ty  a  a. 

April    6,    1748, 
Chap,    10, 


CHAP.     II. 

An  additional  A6t  to  an  A5f,  intituled.  An  AG:,  for  appointing  Sherifs 
in  the  Room  of  Marfhals  of  this  Province,  for  prefcribing  the  Me- 
thod of  appointing  them,  and  Hmiting  the  Time  of  their  Continu- 
ance in  Office,  and  diredling  their  Duty  therein  j  and  for  abolifhing 
the  Office  of  Provofl-Marfhal  of  this  Province  -,  and  for  altering  the 
Names  of  the  Precindts  into  Counties. 


I. 


WHEREAS  the  Sherifs  appoirited  and  commiflionated,  are,  by  the  P«amUe. 
faid  A(fV,  impowered  to  continue  in   their  Office  but  Two  Years,  and 


the  County  Courts  were  thereby  diredled,  at  the  firft  Court  that  fhould  be  held  in 
each  and  every  County,  next  after  the  Ratification  of  the  faid  A61,  and  fo  fuccef- 
fively  at  the  faid  Courts  every  Two  Years,  to  recommend  to  the  Governor  or 
Commander  in  Chief  for  the  Time  being.  Three  fuch  Perfons,  being  Juftices  in 
the  fame  County  Court,  as  they  fhould  think  fit  and  able,  to  execute  the  Office 
of  Sheriff  for  their  refpedive  Counties,  for  the  Two  then  next  fucceeding  Years  ; 
by  Means  whereof,  it  frequently  happens  in  feveral  of  the  Counties  in  this  Province, 
(  that 


2  88  *       LAWS    o/'    North-Carolina. 


,  A.  d:  1745     jI^^^.  ti^e  Power  of  the  Sherifs  expires  before  the  Sitting  of  the  Courts  which  are  to 
^— "V '  recommend  to  the  Governor  other  Perfons  to  be  appointed  in  their  Room,  where- 
by the  faid  Office  often  becomes  vacant,  to  the  great  Detriment  of  the  Public : 

fu/iices  to  re  '^^'  B  E  it  therefore  Enacted^  by  his  Excellency  Gabriel  johnfton,  Efq ;  Governor, 

commend  three  ly  and  with  the  Advice  and  Confent  of  his  Majefty's  Council^  and  General  Jjfembly 
Governor!°one5  of  this  Province,  and  it  is  hereby  Enabled,  by  the  Authority  of  the  fame.  That  the 
which  to'  be  ap-  Juftices  of  every  refpeftive  County  fhall,  at  the  County  Court  next  before  the 
pomted  sher.flr.  -^^^^^^^^^^  of  the  Sheriff's  Commiffion,  or  Time  of  ferving  in  his  Office,  recom- 
mend Three  Perfons  to  the  Governor,  in  Order  for  his  appointing  one  of  them  to 
Wh  -s  aft  til  execute  that  Office,  according  to  the  Direftions  of  the  faid  recited  Ad: ;  and'  that 
another  be  ap-  each  refpeftive  Sheriff  of  every  County  within  this  Province,  now  or  hereafter  to 
pointed.  j^g  commiffionated,  fhall-  hold  and  enjoy  his  Office  'til  fuch  Time  as  the  fucceed- 

ing  Sheriff  fhall  be  duly  commiffioned  and  qualified  ;  and  that  all  Procefs  fv^rved 
and  executed  by  him  during  that  Time,  ffiall  be  valid  in  Law,  and  deemed  duly 
executed :  Any  Law,  UHige,  or  Cuftom,  to  the  contrary,  notwithflandjng. 

III.  AND  whereas  by  the' faid  A<!^,  the  Courts  of  thefeveral  Counties  are  con- 
fined to  recommend  only  Perfons  who  arc  Juflices,  to  be  appointed  Sherifs,  and 
they  often  chufing  to  pay  their  Fines  rather  than  a6t  in  the  faid  Office,  it  is  very 
difficult,  in  feveral  Counties,  to  get  any  Perfon  fo  recommended  that  will  accept 
t"he  faid  Office ;  Be  it  therefore  Enacted,  That  the  Juftices  of  every  County,  at 
^ftkes  mly^'re-  the  Timcs  they  are  by  Law  impowered  to  recommend  Perfons  to  be  appointed 
commend.  Shetifs,  fhall  not  be  obliged  to  recommend  fuch  Perfons  who  are  Juftices  only  in 

the  County,  but  may  recommend  any  other  Perfons  refident  in  their  County,  (ex- 
cept the  Members  of  his  Majefty's  Council,  and  Members  of  the  General  AfTem- 
bly,  during  the  Time  they  are  fuch,)  whom  they  fHall  think  well  qualified  for  the 
faid  Office;  and  any  fuch  Perfon  fo  recommended,  maybe  commiffionated,  by 
the  Governor  or  Commander  in  Chief  for  the  Time  being,  to  ad  as  Sheriff  of  the 
County  for  which  he  is  recommended  -,  any  Thing  in  the  faid  A6t,  or  any  other 
Adt,  contained  to  the  contrary,  notwithftanding,    . 

Sheriff  to  what  ^^ '  ^  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  every  Per- 
Pcnlities  iiaWe,  fon  hereafter  nominated  or  commiffioned  Sheriff,  by  Virtue  of  this  A61,  fhall  be 
under  the  fame  Reftriftions,  and  liable  to  the  fame  Penalties,  for  refufmg  to  ad 
in  the  faid  Office,  or  for  any  Negled  of  his  Duty  therein,  as  if  he  had  been  re- 
commended and  commiffioned  a9cording  to  the  Diredions  of  the  before  recited 
Aft. 


CHAP.     IIL 

*  An  additional  AB  to  an  AB,  intituled.  An  Ad:,  to  prevent  killing  Deer 

at  unfeafonable  Times,  and  for  putting  a  Stop  to  many  Abufes  com- 
mitted by  white  Perfons,  under  Pretence  of  hunting. 

yrtjmbie,  I,  T  T  7  H  E  R  E  A  S  by  the  before-recited  Acf,  it  is,  among  othef  Things, 

Y  Y  Enacted,  That  "it  fhall  not  be  lawful  for  any  Perfon  tb  kill  or  deftroy 
any  Deer,  running  wild  in  the  Woods  or  unfenced  Grounds  in  this  Government, 
by  Guns,  or  any  other  Ways  or'  Means  whatfoever,  between  the  Fifteenth  Day  of 
February,  and  the  Fifteenth  Day  of  Jz«/)'>  Yearly,  and  in  each  Year,  after  the  Ra- 
tification of  the  faid  Ad  ;  and  that  any  Perfon  convided  of  the  fame,  ffiall  for- 
feit and  pay  the  Sum  of  Five  Pounds,  current  Money :  And  whereas  it  appears, 
that  the  allowing  Liberty  of  killing  Deer  in  fenced  Grounds  and  Inclofures  at  fuch 
Seafons,  has  given  Room  to  fevcral  Perfons  to  evade  the  faid  Law : 

11,  W  E 


LAWS    ^'North-Carolina.  189 


A.  D.    1745. 

II.  W  E  therefore  pray  that  it  may  be  Enadted^  And  he  it  knacted^  hy  his  Ex-  ,,_.  J,^^^"  p^^^ 
eellency  Gabriel  Johnfton,  £/([ ;  Governor,  by  and  with  the  Advice  and  Confent  of  (.  ns  k.iiing  d  er 
his  Majefiys  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  En-  ^^'_"'>  *"  ^^'^ 
a£ied,  by  the  Authority  of  the  fame.  That  if  any   Perfon  fhall  be  convicted  of 

killing  Detr,  or  having  Venifon,  or  a  green  Deer-fkin  or  Skins,  in  his  Houfe, 
Camp,  or  FoffcfTion,  between  the  Fifteenth  Day  oi  February,  and  Fifteenth  Day 
of  Ju'y,  Yearly,  after  the  Ratification  of  this  Mt,  he  fhall  forfeit  and  pay  the  Slim 
of  Forty  Shillings,  Proclamation  Money  ;  to  be  recovered  and  applied  as  herdn 
after  is  directed. 

III.  P  ROVID  ED  neveHhetefs,  That  nothing  in  this  Ad  fhall  be  conflrued,  Proyic. 
to  extend  to  convi6l  any  Perfon  or  Perfons  of  the  faid  Forfeiture,  in  whofe  Houfe 

any  Venifon,  green  Skin  or  Skins,  fhall  be  found,  which  hath  been  left  in  fuch 
Houfd  without  the  Knowledge,  Privity,  or  Confent  of  fuch  Perfon,  or  any  of  his 
Family,  upon  due  Proof  thereof  to  be  made,  by  the  Perfon  therewith  charged. 

IV.  AND  forafmuch  as  there  are  great  Numbers  of  idle  and  diforderly  Per- 
fons, who  have  no  fettled  Habitation,  nor  vifible  Method  of  fupporting  th.m- 
felves,  by  Induftry   or  honeft  Calling,  many  of  whom  come  in  from  neighbour- 
ing Colonies,  without  proper  PafTes,  and  kill  Deer  at  all  Seafons  of  the  Year,  and 
ottjn  leave  the  CarcalTes  in  the  Woods,  and  alfo  fleal  and  deftroy  Cattle,  and  car- 
ry awiy  Horfes,  and  commit  other  Enormities,  to  the  great  Prejudice  of  the  In- 
habitants of  this  Province -,  Be  it  therefore  Ena^ed,  by  the  Authority  aforefaid,  Prrfms  notp^r. 
That  every  Perfon  who  fhall  hunt  and  kill  Deer  in  the  King's  Wafl  within  this  Hat,imioV"not 
Province,  and  who  is  not  pofTefTed  of  a  fettled  Habitation  in  the  fame,  fhall  be  o-  aiif^wcd  u.  hunt 
biiged  to  produce  a  Certificate,  when  required,  of  his  having  planted  and  tended  Tng  aVrtifica'ta 
Five  Thoufarid  Corn-hills,  at  Five  Feet  Diftance  each  Hill^  the  preceeding  Year,  '*"  ,'V'    v>^-n% 
or  Seafon,  in  the  County  where  he  fhall  hunt,  under  the  Hands  of  at  leaft  Two  corn  hiiis. 
Juftices  of  the  Peace  of  the  faid  County,  and  the  Hand  of  at  leafl  one  of  the  Church- 
wardens of  the  Parifh  where  fuch  Perfon  planted  and  tended  fuch  Corn,  as  aforefaid. 

V.  AND  be  it  further  Enacted,  That  if  any  fuch  Perfon  as  aforefaid,  is  found  ^^^^  "^^'J^^^ 
hunting,  and  does  not  produce  fuch  Certificate  as  aforefaid,  when  required,  he  and  not  pr  du! 
Ihall  forfeit  his  Gun,  and  Five  Pounds,  Proclamation  Money,  for  every  fuch  Of-  ^"s  '^"'h  certi- 

C-  L  Ji  I'll  ri-ni  ncate,  to   f  rfeit 

lence  >  to  be  recovered  and  applied  as  herein  after  diredted.  h.s  Gun,  *  5 1. 

VI.  AND  whereas  many  idle  Perfons,  who  fpend  their  chief  Time  in  hunting 
Deer,  leave  the  CarcalTcS  in  the  Woods,  by  which  Means  Wolves,  Bears,  and 
othc  r  Vermin,  are  raifed  and  fupported,  which  deftroy  the  Stocks  of  the  Inhabi- 
tants of  this  Province-,  Be  it  therefore  further  Enabled,  by  the  Authority  aforefaid,  Perfons  not  »- 
That  every  Perfon  who  hunts  Deer,  and  leaves  the  Carcafs  or  CarcafTes  in  the  thTwon"s/'oa 
Woods,  undeftroyed,  fhallj  for  every  Offence,  forfeit  and  pay  Forty  Shillings,  Pen.  of  40s. 
Proclamation  Money. 

VII.  AN  Die  it  further  EnaHcd^,  hy  the  Authority  aforefaid.  That  all  Fines  and  F:nej  h^vrto  b« 
Forfeitures   mentioned  in  this  Aft,  fhall  be  paid,  the  One  Half  to  the  Informer,  ^ppj^.X'''  *"** 
the  other  Half  to  the  Churchwardens,  for  the  Ufe  of  the  Parifh  wherein  fuch  Of- 
fence fhall  be  committed  ;  to  be  recovered,  with  Cofls,  by  a  Warrant  from  any 

Juftice  of  the  Peace  within  this  Government ;  faving  to  all  free  Perfons  the  Right  Right  cfApp«»li 
of  Appeal  to  the  County  Court  where  fuch  Offence  is  committed  :  Which  faid 
Court  is  hereby  impowered  and  directed,  in  a  fummary  Way,  finally  to  determine 
the  fame ;  wherein  no  Effoign,  Protection,  or  Wager  of  Law,  fhall  be  allowed 
or  admitted  of. 

t 

B  b  b  G  H  A  P. 


i^o  LAWS    o/'    North-Carolina. 


A.  D.    1745. 

^ -v—^  CHAP.     IV. 

^An  A5i^  to  repeal  an  A5l  pajfed  at  Wilmington,  in  the  Tear  of  our  Lord 
One  'Thoiifand  Seven  Hundred  and  Forty  One^  intituled^  An  Ad:,  to 
eftablifh  Ports,  or  Places  of  Delivery  of  Merchandizes,  imported  in, 
and  exported  out  of  this  Province,  and  to  prevent  the  clandeftinc 
running  of  unaccuflomed  Goods  in  the  feveral  Ports  thereof. 

PreaihWe.  J.  "«■  X  T  H  E  R  E  A  S  it  is  found  very  inconvenient  and  injurious  to  Traders 

\y  and  Vefiels  arriving  at  the  feveral  Pores  and  Places  in  the  faid  Ad  men- 
tioned, and  there  being  obliged  to  unlade  and  continue,  whereby  great  Damages, 
Lofles,  and  Delays  have  accrued,  and  much  of  the  Trade  of  this  Province,  which 
heretofore  ufed  to  be  carried  on  by  Water,  has  of  late  been  diverted,  and  carried 
on  by  Land  to  Virpnia :  For  Remedy  whereof, 

A^Trepsaiea.  H.  W  E  pray  it  may  be  Enabled,  y^wJ  be  it  Enacted,  by  his  Excellency  Gabriel 

Johnflon,  Efq;  Governor,  by  and  with  tihe  Advice  and  Confent  of  his  Majejiy's 
Council,  and  General  Ajfemhly  of  this  Province,  and  it  is  hereby  Enacted,  by  the 
Authority  of  the  fame.  That  the  faid  Ad  be,  and  is  hereby  repealed,  to  all  In- 
tents and  Purpofes,  as  if  the  fame  had  never  been  made. 


Not  to  extend  to      III.  p  _R  OV  I'D  E  D  neverthelefs.  That  nothing  in  this  Ad  Ih'all  be  deemed  or 

«ny  Suit    air—-""  -  -  -  .     .  .. 

eoftimcnced. 

Breach  of  the  faid  Law. 


«ny  uit  a  ready  ^^^^^^  ^^  fxtend  to  any  Law-Suit  already  commenced  and  depending,  upon  the 


CHAP.    V. 


An  ASi,  for  impowering  the  feveral  Commiffioners  herein  after  named,  to 

make,  mend,  and  repair  all  Roads,  Bridges,  Cuts,  a?id  Water-Courfes, 

already  laid  out,  or  hereafter  to  be  laid  out^  in  the  feveral  Counties  and 

DiftriBs  herein  after  appointed,  in  fiich  Manner  as  they  judge  moji  ufe^ 

Jul  to  the  Public. 

tommiffiofttrs "'  !•  T  T  7"  E  pray  that  it  may  be  Enaded,  And  be  it  EnaEled,  by  his  Excellency 


the  Roads  for  the 


w 


feverar  c  mncies         VV     Gabricl  Johnfton,  £/^-,  Govcmor,  by  and  with  the  Advice  and  Confent 
ipp-'inted.  of  his  Majefty's  Council,  and  General  Ajfemhly  of  this  Province,  and  it  is  hereby 

For  Neio.Hano-  Enacted,  by  the  Authority  of  the  fame.  That  the  County  of  'Ntw-Hanover  be  di- 
"unty-  vided  into  the  Five  following  Diftrids  -,  and  that  the  Flon.  Roger  Moor,  Efq;  the 
Honourable  William  Forbes,  Ffq-,  Mr.  George  Moor,  Mr.  William  Dry,  and  Mr. 
John  Daniel,  be  Commiffioners  of  the  Roads  for  the  Southioejl  Diftrid  of  the  faid 
County  i  bounded  on  the  North,  by  Old  Town  Creek,  to  the  Head  thereof;  from 
thence,  by  a  Line  to  Wagamaw  Lake  -,  from  thence,  down  the  Wagamaw  River, 
to  the  Boundary  Line,  including  all  the  Inhabitants  on  the  Neck  between  the  afore- 
faid  Boundary,  the  Sea,  and  Cape-Fear  River ;  and  likewife  the  Inhabitants  on  the 
Weft  Side,  of  the  faid  River :  And  that  the  Honourable  Matthew  Rowan,  Efqj 
Mr.  John  Davis,  Mr.  IVilliam  Waters,  and  Mr.  John  Mufgrove,  be  Commiffion- 
ers of  the  Roads  for  the  Northweft  Diftrid  of  the  faid  County ;  bounded  to  the 
Eajl,  by  the  Northweft  River,  and  to  the  South,  by  Town  Creek,  including  the 
great  Iftand  commonly  called  Eagles,  or  Buzard  Ifland  :  And  that  the  Honour- 
able Robert  Halton,  Efq;  Mr.  William  Paris,  Mr.  Thomas  Clark,  Mr.  Robert 
Walker^  and  Mr.  John  Butherfordj  be  Commiffioners  of  the  Roads  for  the  Eafi 

Dil^rid 

J 


LAWS    of    North-Carolina.  191 


Diftridt  of  the  faid  County,  lying  between  Caps-Fear  Rivera  and  the  Sea;  bound-    ^-  ^-  '7'^5- 
ed  on  the  Eaft^  by  Onjlow  County,  to  the  Scuth^  by  the  Sea,  to  the  IVeft,  by  "^     " 

Cc.pe-Fear  River,  and  S;nitFs  Creek,  along  the  Road  to  Beajley  Swamp :  And 
that  Mr.  Thomas  Jones,  Mr.  Jofeph  Blake.,  Mr.  Charles  Harrifon,  Mr.  Alexander 
MacCullow,  and  Mr.  Alexander  Limngtcfiy  be  Commiilioners  of  the  Roads  for  the 
Eajl  Side  of  the  Enji  Diftrid:  of  the  fiid  County  ;  bounded  to  the  South,  by  Smith's. 
Creek,  to  the  TVeft,  by  the  Northeafi  River,  up  to  the  Head  of  the  fame,  to  the 
Eafi,  iiy  Henry  Bifoop'%,  below,  and  Onjlow  County  above :  And  That  Mr.  Ed- 
ward Hyrne,  Mr.  John  Sxvann,  Mr.  Jeremiah  Vail,  Mr.  John  AJhe,  and  Mr.  James 
Potavente,  be  Commiffioners  of  the  Roads  for  the  Northeafi  Branch  of  Cape-Fear 
River,  as  far  up  as  Biirgaw  Creek,  and  fo  over  to  Black  River,  and  the  North- 
weft  River,  including  the  whole  Neck  between  the  faid  Rivers :  And  that  Mr. 
'Jonathan  Evans,  Mr.  Timothy  Bloodworth,  Mr.  Evan  Jones,  Mr.  William  McRee, 
Sen.  and  Mr.  John  Cook,  Jun.  be  Commiflioners  of  the  Roads  for  the  Weft  Side 
of  the  Northeafi  Branch  of  Cape-Fear  R.iver,  from  Burgaw  Creek,  up  to  the  Head 
of  the  faid  River,  and  including  the  Branches  of  Rock-fifio  Creek. 

IL  AN  D  he  it  further  Enacted^  hy  the  Authority  aforefaid,  Thzi  Onjlow  Qaun-  For  o«/7;w 
ty  be  divided  into  the  Four  following  Diftrids ;  and  that  Nathaniel  Everret,  Mr.  *^'^""'y- 
John  King,  Mr.  Theophilus  IVilliams,  Mr.  Hope  Dexter,  and  Mr.  Zachariah  Fields, 
be  Commiilioners  of  the  Roads  for  the  Southwefi  Diftrid  of  the  faid  County  -, 
bounded  by  the  Southwefi  Branch  of  Ne"d)  River,  down  to  the  Mouth  therepf,  and 
to  the  Bounds  of  New-Hanover  County :  And  that  Samuel  Johnfion,  Efq;  Mr. 
John  Howard,  Mr.  Richard  Farr,  Mr.  fyHliam  Willams,  and  Mr.  Thomas  Jenkins, 
be  CommiiTioners  for  the  Northwefi  Diflrifl  of  the  faid  County  •,  bounded  by  the 
Southwefi  Branch  of  New  River,  including  all  the  Northwefi  Branch,  bounded  by 
the  Northeafi  Branch  of  the  faid  River :  And  that  Mr.  James  Foiles,  Mr.  Edward 
Ward,  Mr.  William  Shewbridge,  Mr.  Richard  Whithurfi,  and  Mr.  Jonathan  Melton, 
be  Commiflioners  of  the  Roads  for  the  Northeafi  Diftrict,  from  the  Northeafi 
Branch  of  New  River,  down  the  River,  and  along  the  Sound  to  Bear  Creek  :  And 
that  Mr.  John  Starkey,  Mr.  Stephen  Lee,  Mr.  Abraham  Mitehall,  Mr.  John  Dudley^ 
and  Mr.  John  Spooner,  be  Commiflioners  of  White-Oak  Difbrid,  from  Bear  Creek, 
and  Rocky-Run,  to  White-Oak  River,  including  all  to  the  Bounds  of  Carteret 
County. 

III.  AND  he  it  further  EnaHed,  by  the  Authority  aforefaid.  That  Bladen  Coun-  F^'r  -bwj^ 
ty  be  divided  into  the  feveral  following  Difliridls ;  and  that  Mr.  Jofeph  Clark,  Mr.  ''""^^' 
Henry  Simmons,  Mr.  James  Carver,  Mr.  James  GraJtge,  Mr.  Ralph  Miller,  Mr. 
Thomas  Brown,  and  Mr.  Thomas  White,  be  Commiflioners  of  the  Roads  for  the 
iirft  Diflrid,  bounded  from  Livington's  Creek,  to  Brown's  Creek,  on  the  South- 
wefi Side  of  the  Northwefi  River  :  And  that  Mr.  William  Bartram,  Mr.  Thomas 
Rufs,  and  Mr.  Edward  Jones,  be  Commiflioners  of  the  Roads  for  the  fecond  Dif- 
tridl,  from  Edward  Jones's  Mill  Creek,  down  the  Neck  to  Malfby's  Point :  And 
that  Mr.  Benjeman  Fitzrandolph,  Mr.  William  Cain,  Mr.  James  Lyon,  Mr.  Tho- 
mas Robinfon,  Mr.  Mofes  Plomer,  and  Mr.  Nathaniel  Piatt,  be  Commiflioners  of 
the  Roads  from  Brown's  Creek,  on  the  Southwefi  Side  of  the  Northwefi  River,  to 
' Bartram' sFeny:  And  that  Mv.  Griffith  Jones,  Mr.  John  White,  and  Mr- £^- 
ward  Harrifon,  be  Commiflioners  of  the  Roads  on  the  Northeafi  Side  of  the  North- 
wefi River,  from  Edward  Jones's  Mill  Creek,  to  Bartram' s  Ferry :  And  that  Mr. 
Daniel  MacNeal,  Mr,  Michael  Blocker,  Mr.  Jonathan  Evans,  Mr.  Thomas  Jcnes, 
and  Mr.  Richard  Richardfon,  be  Commiflioners  of  the  Roads  from  Bartram' s  Fer- 
'ly,  taking  in  each  Side  of  the  River,  up  to  the  Head  thereof :  And  that  Mr.  John 
Green,  Mr.  John  Handcock,  Mr.  William  Norton,  Mr.  James  Baldwin,  and  Mr. 
Jajnes  Welfh,  be  Commiflioners  of  the  Roads  for  the  Marfh  Diftrift :  And  that 
Captain  John  Clark,  Mr.  Samuel  Gocdman,  Mr.  John  Hamer,  Mr.  John  Elleby^ 
and  Mr.  John  Mackey,  Sen.  be  Commiflioners  of  the  Roads  for  the  Pee  Dee 
Diftrift.  IV,  AND 


192 


L  A  IV  S    of    North-Carolina. 


A.  D. 


'745- 
Fit     Cjrttrct 


for  CravtM 


Tor     Beaufort 
Count/. 


iV.  AND  he  it  further  EnaEied^  by  th;  Authority  aforefaid^  That  Carteret  Coun- 
ty be  divided  into  the  tbllowing  Diltrids ;  and,  that  Mr.  Thcmas  Lovick^  Mr.  Ar- 
thur Mobfon,  and  Mr.  William  Burden,  be  Commiflioners  of  the  Roads  ior  the 
Northeaji  Part  of  Newport  River,  in  Carteret  County,  begining  at  the  Mouth  of 
the  faid  River,  and  runing  up  Coar  Creek,  to  Craven  County,  and  the  Head  of 
Newport  River  :  And  that  Mr.  Carey  Godey,  Mr.  John  Gillet,  and  Mr.  David 
Shepherd,  be  Commiflioners  of  the  Roads  on  the  South  Side  of  Newport  River, 
along  the  Sound  to  the  Bounds  of  Craven  and  Onjlcw  Counties,  by  the  Head  of  1 
White-Oak  River :  And  that  Mr.  John  Clitherell,  Mr.  Stephen  Ford,  and  Mr. 
Henry  Stanten,  be  Commiflioners  of  the  Roads  from  Beaufort  Town,  to  Coar 
Creek  Bridge :  And  that  Mr.  John  Simpfon,  Mr.  R  chard  Ward,  and  JVlr.  Samuel 
Chadick,  be  Commiflioners  of  the  Roads  from  the  Court-houfe  of  the  faid  County, 
over  North  River,  and  fo  to  the  extream  Part  of  the  faid  County  Erfiwardly. 

V.  AN D  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  Craven  County 
be  divided  into  the  following  Diftrifts ;  and  that  Mr.  Francis  Dawfon,  Mr.  I'ho- 
mas  Perfon,  and  Mr.  Lewis  Bryan,  Sen.  be  Commiflioners  of  the  Roads  from  the 
Mouth  of  Neus  River,  on  the  North  Side,  to  Swift's  Creek:  And  that  Mr.  Wil- 
liam Charlton,  Mr.  Lionel  Lee,  and  Mr.  William  Peters,  be  Commiflioners  of  the 
Roads  from  Swift^s  Creek,  to  Contentnee,  on  the  lower  Side  of  the  main  Creek : 
And  that  Mr.  Thomas  McClendon,  Mr.  Francis  Stringer,  and  Mr.  John  Harring^ 
Jun.  be  Commiflioners  of  the  Roads  from  the  upper  Side  of  Great  Contentnet 
Creek,  to  the  Bounds  of  the  County :  And  that  Mr.  John  Loveld,  Mr.  Jofeph 
Slocomh,  Mr.  John  Sneall,  and  Mr.  Francis  Always,  be  Commiflioners  ot  the 
Roads  from  the  Mouth  of  Neus  Rivtr,  on  the  South  Side,  to  Mill  Creek  :  And 
that  Mr.  Robert  Howard,  Mr.  John  Hillyard,  and  Mr.  Abraham  Buffet,  be  Com- 
miflioners of  the  Roacjs  from  Mill  Creek,  to  the  upper  Part  of  the  County  :  And 
that  Mr.  Richard  Lovett,  Mr.  Adam  Moore,  Mr.  Chrijlian  EJler,  Mr.  George 
McCarty,  and  Mr.  Jacob  Sheets,  be  Commiffioners  of  the  Roads  from  the  Town 
of  Newbern,  to  the  Head  of  Trent  River,  along  the  North  Side  ot  the  faid  Rivcr : 
And  that  Mr.  Richard  Nixfon,  Mr.  John  Fonveille,  and  Mr.  Cornelius  Loften^ 
be  Commiflioners  of  the  Roads  from  Newbern,  to  the  Southw<fi  Creek,  on  the 
South  Side  of  Neus  River :  And  that  Mr.  Mark  Phillips,  Mr.  John  Smith,  and 
Mr.  John  Slocomh,  be  Commiflioners  from  Southweji  Creek,  to  the  upper  Line 
of  the  County. 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  Beaufort 
County  fhall  be  divided  into  the  following  Diftrifts  •,  and  that  Mr.  James  Thomas^ 
Mr.  William  Phipps,  Mr.  William  Carruthers,  and  Mr.  Jofiah  Jones,  be  Com- 
miflioners of  the  Roads  from  Broad  Creek  below  Bay  River,  to  the  main  Road, 
including  each  Side  of  the  faid  River,  on  the  South  Side  of  Pamptico  River :  And 
that  Mr.  Abraham  Pritchard,  Mr.  John  Tripp,  and  Mr.  John  Bond,  be  Commif- 
fioners of  the  Roads  from  Goofe  Creek,  to  Durham's  Creek,  and  from  Durham*i 
Creek,  tg  the  Boundary  Line  of  Craven  County  :  And  that  Mr.  Benjamin  Peyton, 
Mr.  Thomas  Williams,  Mr.  Reading  Blunt,  Mr.  William  Peyton,  and  Mr.  William 
Dunbar,  be  Commiflioners  of  the  Roads  from  Durham's  Creek,  to  Chockowinity, 
and  to  the  Boundary  Line  of  Craven  County  :  And  that  Mr.  Edward  Salter,  Mn 
Thomas  Tyfon,  and  Mr.  John  Hardy,  be  Commiflioners  of  the  Roads  from  Chock- 
cwinity,  to  the  Line  of  the  County  :  And  that  Mr.  James  Adams^  Mr.  Daniel 
Blenn,  Mr.  George  Nixfon,  and  Mr.  James  Brown,  be  Commiflioners  of  the  Roads 
from  Hyde  County,  bounding  on  PnV^'s Creek,  to  Bath-Town:  And  that  Mr, 
John  Barrow^  Mr.  William  Martin,  Mr.  Robert  Boyed,  Mr.  Samuel  Boutwell,  and 
Mr.  Simon  Jcnes,  be  Commiflioners  of  the  Roads  from  Bath-Town,  to  the  Flatt 
Swamp,  bounding  on  Tyrrel  County  ;  and  alfo  from  Bath-Town,  to  Tranter's 
Bridge :  And  that  Mr.  Seth  Pilkingtont  Mr.  George  Moy^  Sen.  Mr.  William  Mace, 


•AlS^ 


L  A  JV  S    o/^    North-Carolina.  193 

Mr.  John  Burncy,  and  Mr.  James  Barrow^  be  Commiffioncrs  of  the  Roads  irom    ^-  ^    '745- 
Tranter'^  Creek,  to  Edgcomb  County.  .  '^^ — y * 

VII.  J  N  D  he  ii  further  Enacted^  by  the  Authority  aforefaid.  That  Hyde  Coun-  For /^(Z. County, 
ty  be  divided  into  the  following  Diftriits ;  and  that  Col.  Samuel  Sinclare,  Mr. 
Jofeph  T'art,  Mr.  R.chard  Larniount.,  Mr    Francis  Kipps,  and  Mi.  Alexander 
Foreman,  be  CommiHioncrs  of  the  Roads  from  Price's  Bridge,  to  the  Court- 
houfe:  And  that  Mr.  JVtlliam  Harris,  Mr.  Thomas  Loach,  and  Mr.  Jofeph  Hal- 
lowny,  be  Com miffi oners  ot"  the  Roads  from   the  Chappel^  to  Jonas  Squire's : 
And  that  Mr.  iVilliajn  Saterthvite,  Ivjr.  Timothy  Allen,  and  Mr.  Nathaniel  Eborn^ 
be  Commiffioners  of  the  Roads  from  Matchapungo  Creek  Bridge,    to  the  hog- 
houfe :   And  that  Mr.  John  SmUhi  Sen.  Mr.  John  Smith,  Jun.  Mr.  Gilbert  Mc 
Rearyi  Mr.  Fcrfier  Jarvis,  and  Mr.  John  Leah,  Jun..  be  Commiffioners  of  the 
Rodds  on  the  Eaji  Side  of  Matchapungo  River:   Which  Commiirioners,  or  the  c •mmifflonerj , 
Majority  of  them,  in  their.  f;;vcral  and  refpedivc  Diftridts,  fhall  have  full  Power  Roar'&c"** 
and  Authority  to  make  new  Roads  and  Bridges,  and  keep  in  Repair  the  Roads 
and  Bridges  already  made,  in  fuch  Places^  and  in  fuch  Manner,  as  tliey  Ihall  think 
convenient.' 

V!!!.  AND  he  it  further  Enabled,  'by  the  Authority  aforefaid.  That  if  any  Penalty  for  no: 
vn  or  Perfbns  who  fhall  take  upon  him  to  adt  as  a  Commiffioner,  fhall  neo--  '"^^"'"e. 
o)-  I. fufe  to  meet,  at  the  Times  and  Places  appointed  by  the  Majority  of  the 
iiinJiivmers,  in  their  feveral  Diftricls,  he  or  they  fo  offending,  fhall  forfeit 
ry  r,hiljings,  i^roclamation  Money,  for  every  fuch  Negled:  or  Refufal ;  to 
overt  d  and  difpofed  of  as  is  herein  after  directed  •,  except  he  or  they  fo  neg- 
.g,  Ih-ili  give  fuch  Excufe  to  the  f^id  Commiffioners  of  his  Diltri<5t,  at  their 
;.'.wv:  iv.ceting,  as  they  judge  reafonubie. 

IX.  AND  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  all  Male  Per-  AiiMateTitfi 
'•   '  ,   fro.iv  the  Agj  of  Sixteen  Years,  to  Sixty,  both  white  and  black,  (except  i"! '.  ff'""  16  to 
as  are  ntrcaitcr  excepted,)  fliall  be  fummoned  to  work  on  the  high  Roads,  ^^ALlu^  *"* 
iiii  tliL-ir  f  veral  Diitrids,  by  fuch  Pcrfon  or  Ptrfons  asfnall  be  appointed,  by 
X  fpecial  Warrant  from  the  Commiffioners  of  each  Diftridt,  or  the  Majority  of 
them  i  and  if  any  Perlpn  or  Perfons  appointed  to  fummon  the  Male  laxables.  Penalty  wper 
as  aforefaid,  Ihali  refufe  or  neglect  his  Duty,  as  herein  after  dircdted,  for  every  ^^'" 
fuch  Offence,  he  fliall  forfeit  the  Sum  of  Five  Pounds,  Proclamation  Money.  i"um 


appointed, 
fftcing    to 
mmun  them. 


X.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  every  War-  Warrant  to  fum- 
raut  to  fummon  the  Taxables,  as  aforefaid,  fhall  be  under  the  Hands  and  Seals  ^^'"ra^'j';'"'''"^'' 
oi   the  Commiffioners  of  the  Diifrid,  or  the  Majority  of  them  ;  which  Warrant  c.mm  ffion/J,  * 
ihJl  exprefsly  mention  the  Place  where  fuch  Taxables  fhall  meet,  the  Number  t"''*''^''"'^""' 
ot  pays  they  are  to  work,  and  that  they  bring  with  them  Provifion  fufficient  for 
the  Time,  and  fuch  fuitable  Tools  as  the  Commiffioners  fhall  dired:,  and  alib 
fliall  mention  the  Commiffiomer  or.  Commiffioners  Names  who  are  to  infpeftthem, 
as  alfo  the  Cvcrfecror  Ovcrfeers  Names  who  are  to  ovcrfee  them  -,  and  every  Per-  TUhaWes  to  be 
fon  or  Perfons  to  whom  fuch  Warrant  is  diredled,  ffiall  perfonaily  fummons  all  ^^^"^T^^  'l'"' 
Mafters  or  Miftrefles  of  Familie<;,  and  Overfecrs  of  i^lantations,  where  there  is  no  meet. 
Maftcr  or  Mifi:refs   pr>-f^nt,  at  leafl  Eight  Days  before   the  Time  appointed  for 
working,  to  caufe  all  Male  Taxables  in  their  Families,  liable  by  Law  to  work  on 
the  Roads,  to  appear  at  the  Place  appointed.  With  fuitable  Tools  as  aforefaid,'  and 
Provifions,  and  there  to  work  on  the  Roads,  Bridges,  and  Cuts,  during  fuch 
Time  as  is  in  the  Warrant  exprefsly  mentioned. 

XT.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  all  the  Com-  commffli-.nen  ta 
miifioners  herein  appointed  for  each  Diflrid,  and  their  Succeifors,  fhall  meet  at  y"'  '"^^'d  ^e 
tac  Court-houfe  in  the  Diftrid,  and  where  there  is  no  Court-houfe,  at  fuch  Place    "'^' 

C  c  c  within 


1Q4  L  A   fV  S    o/North-Carolina, 


A.  D.  1745-    within  the  Diftrid  where  the  Majority  of  the  CommifTioners  fhall  think  fit  to  ap- 

«i, ^ '  point,  by  Notice  under  their  Hands,  at  kail  Twice  in  each  Year,  viz.  The  Mon- 

blut  RurdTand  day  after  Eajier  Monday,  and  on  the  firft  Monday  in  Auguft,  Yearly,  and  oftener 
to  lay  nut  priwte  jf  jf^e  Majority  of  the  Commiflioners  Ihall  think  fit ;  and  the  Majority  of  the  Com- 
Ro»d!,  &c.        jniflioners  fo  met,  are  hereby   impowered  to  determine   all  Difputes  which  fhall 
or  may  arife  concerning  Highways,  Briciges,  private  Paths,  and  Cuts,  already 
made,  or  that  fhall  be  made  hereatter  •,  alfo,  upon  the  Petition  of  any  of  the  In- 
habitants, where  Lands  are  fo  hemmed  in  by  other  Perfons  Lands,  that  they  have 
no  PafTa^-e  to  the  next  High  Road  or  Landing*,  to  lay  out,  or  caufe  to  be  laid  out, 
a  Road  ot  Way  to  the  next  High  Road  or  Landing,  to  be  laid  out,  made,  and 
kept  in  Repair,  at  the  private  Expence  of  the  Perfon  or  Perfons  petitioning,  with 
as  little  Damage  as  pofTibly  may  be  to  the  Owner  of  thofe  Lands  through  which 
the  faid  Road  or  Way  muft  neceffarily  pafs :  And  if  there  are,  or  hereafter  fhall 
be,  any  confiderable  Number  of  Inhabitants  fettled  in  fuch  Places  where  the  Roads 
already  laid  out  are  not  convenient  for  them  to  go  to  the  next  County  Court,  or 
Town,  in  fuch  Cafe,  upon  the  Petition  of  fuch  Inhabitants  to  the  Commifiiontrs 
of  their  refpedtive  Diftrids,  it  (hall  and  may  be  lawful  for  fuch  Commiflioners, 
and  they  are  hereby  impowered  to  lay  out,   or  caufe  to  be  laid  out,  a  Road  tor 
them  to  fuch  Court-houfe  or  Town,  at  the  Charge  of  fuch  Petitioners,  having 
due  Reo-ard  to  do  as  little  Damage  to  fuch  Perfons  Lands  or  Plantations  where 
the  faid  Roads  muft  r^eceflarily  go,  as  is  pofl'ible  •,  and  the  faid  Perfons  fo  petiti- 
oning, fhall  be  liable,  for  not  working,  making,  and  keeping  fuch  Road,  laid 
out  as  aforcfaid,  in  good  Repair,  to  all  the  Penalties  infiided  by  this  A£l  on  Per- 
fons for  not  working  on  the  High  Roads. 

^omm-ifflwrsto      Xll.  J I^  D  hc  it  further  Eftactedj  ly  thi  Authority  af ore  faid ^  That  thtMs.- 
ti'e"Road?taone  joHty  of  the  Commiflioncrs  of  each  Diflrift,  at  any  of  their  Meetings,  fhall  allot 
anothrrVnnd  to  fo  any  CommiiTioner  or  CommifTioners  of  fuch  Diftrift,  a  particular  Part  of  the 
f«rs'"^nd''"p-  Road,  to  be  under  his  or  their  Infpedion,  whether  it  be  to  repair  an  old  Road, 
point  the  Time  makc  a  new  one,  or  to  make  or  repair  a  Bridge,  or  a  Cut  •,  and  the  Commifiloner 
r/bi»n«t'/"o  or  CommifTioners  fb  appointed,  is  and  are  hereby  impowered  to  nominate  an 
work  at,  not  rx-  Overfcct  fot  that  Part  of  the  Work  under  his  or  their-Infpedion,  and  fhall  alfo, 
fafvLn  ^*^*  at  the  fame  Meeting,  appoint  the  Time  when,  and  Place  where,  the  Inhabitants 
fhall  work,  not  exceeding  Twelve  Days  in  One  Year,  (except  as  is  herein  after 
excepted,)  in  fuch  Manner  as  they  fhall  be  direded,  by  the  Commifiloner  or  Com- 
mifTioners appointed  to  dired  them,  or  as  they  fhall  be  direded  by  the  Cverfeer 
or  Ovcrfeers  by  him  or  them  appointed,  when  fuch  CommifTioner  or  Commif- 
Tioners fliall  be  abfent  -,  and  the  faid  Overfeers  fhall  alfo  fhew  their  faid  Warrant 
to  any  Perfon  they  fummon,  if  required  fo  to  do  :  And  if  any  of  the  Perfons  to 
whom  the  faid  Warrant  is  direded,  cannot  find  the  Party  fo  to  be  fLmimoned, 
then,  and  in  fuch  Cafe,  he  fhall,  'at  leaft  Eight  Days  before  the  Time  appointed 
to  work,  leave  a  Not^,  in  Writting,  of  the  Time  and  Place  appointed  to  work, 
with  fomc  Perfon  in  the  Family  of  the  Perfon  to  be  fummoned  j  which  Note  fo 
left,  ihall  be  accounted  a  legal  Summons.         •  •  . 

GemmimMsn  XIII.  P  RO  V  ID  E  D  always  J  That  no  CommifTioner  or  CommifTioners  fliall 
iS'o'ndertiu.r  bc  liable  to  Profecution  for  any  Default  or  Defaults  in  the  Roads,  Bridges,  and 
infpeftion.         Cuts,  but  for  that  Part  under  his  or  their  particular  Infpection. 

Perfon,  n.gica.       X'lV.  A  N  I>  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  if  any 

ing  to  fend  their  PerPjn,  after  having  been  duly  fummoned,  as  afprefaid,  fhall  neglect  or  refufe  to 

fctfcu  t5. 8 d.     fend  all  the  Male  Taxables  in  his  or  her  Family,  and  if  a  Mafter  of  a  Family,  to 

go  himfelf,  fuch  Perfon  fo  neglecting  or  refufing,  fhall  forfeit  and  pay  the  Sum 

of  Two  Shillings  and  Eight  Penco,  Proclamation  Money,  per  Diem,  for  each  and 

every  Taxable  in  his  or  her  Family  liable  to  work,  who  fhall  be  abfent  any  Day 

or  Days  he  or  they  ought  to  work,  as  aforefaid.^, 

^  ,  "  XV,  PRO- 


■:^r,»t«i  til     ■!_  .«M  ■  ..     ■!  " -  ■     .   I  •  I   iwi'i     ii  ■■'— u-  J.I  „«^... 

'      L    A    IV   S      O/'     N  O  R  T  H-C  A  R  O  L  I  N  A.  1 9-5 

A.  D.    1745. 

XV.  PROVIDED  neverthelefs^  That  if  any  Perfon  who  is  a  Defaulter,  ^""^''7^ 
{hall,  within  Ten  Days  alter  the  Time  is  expired  for  working  on  the  Roads,  go  &««"  caufe  of 
to  the  next  CommiflTioner  and  fhew  him  lufficient  Caufe,  why  he  or  his  Taxabies  p^^'^""  "*  "* 
were  abfent,  or  did  not  work,  at  the  Time  appointed,  or  if  he  was  obliged,  by 

Ibme  extraordinary  Occafion,  to  Hay  at  Home  himfelf,  or  to  keep  feme  of  his 
Taxabies  at  Home  -,  in  fuch  Cafe  he  (hall  be  allowed  to  make  good  the  Deficien- 
•cy,  by  working  on  the  Roads,  in  fuch  Place  as  he  Ihall  be  direded  by  the  faid 
Commiirioners,  or  laid  out  by  the  faid  Overfeer,  as  a  proper  Tafk,  by  Order  of 
fuch  Commiflioner,  with  fuch  a  Number  of  good  and  able  Men  as  will  tully  make 
up  the  Deficiency,  within  Twenty  Days  after  the  Time  for  working  lliall  be  ex- 
pired ;  at  which  Time  the  Commiflioners  of  each  Diftri6t  are  hereby  required  to 
meet,  and  iffue  their  Warrant  or  Warrants  of  Diftrefs  to  levy  the  Fines  and  For- 
feitures, in  this  A61  mentioned,  on  the  Eftate  or  Eftatts  of  all  fuch  Defaulters 
who  have  not  made  good  their  Deficiencies,  or  given  fufficient  Excufcs,  as 
^orefaid. 

XVI.  AND  he  it  further  E^a£fcd^  hy  the  /Authority  dforefatd.  That  if  any  (JommiiJioners to 
Commifiioner  or  Commiirioners  Hiall  refufe  or  neglect  to  fend  all  his  Male  Taxa-  MluTitbabUs. 
bles  to  work  on  the  faid  Roads,  fuch  Commiflioner  or  Commiflioners  fhall  be  li- 
able to  pay  all  fuch  Sums  of  Money  as  any  other  Defaulters  mentioned  in  this 

A6t ;  to  be  recovered  by  a  W^arrant  of  Diftref.,  iffuing  out  of  the  Court  of  the 
County  where  fuch  Commiflion  r  or  Commiffioners  dwell,  to  be  levied  upon  his 
or  their  Goods  and  Chatt:lsj  in  fuch  Manner  as  is  herein  by  this  Ad:  directed  and 
provided,  againfb  any  other  Perfon  or  Perfons  offending  therein. 

XVI ^  AND  be  it  further  Ena^edy  by  the  Authority  aforefaid^  That  if  any  p^fons  wuh- 
Perfon  withdraw  his  Taxabies  out  of  any  Diftri6t  after  they  are  fummoned,  it  1""^'"^  *•"'''  - 

/liij  ii-iri  r    r  nr.       Tithalilea  out   or 

Ihall  and  may  be  lawtul  for  the  Commifljoner  or  Commiflioners  of  fuch  Difl:ria:,  »nyDift.ia  aftc» 
to  iflue  out  his  or  their  Warrant  of  Difl:refs  againft  the  Mafter,  Miilrefs,  or  Over-  clmZTrsI^ 
feer  of  fuch  Taxabies  fo  offending,  and  levy,  upon  the  Goods  and  Chattels  of  urue  their  War. 
fuch  Offender,  all  fuch  Fines  or  Sums  of  Money  as  are  herein  before  diredled,  ac-  ^^^^.Jt  tJic  of- 
cording  to  the  Number  of  Taxabies  fo  withdrawn  or  carried  out  of  fuch  Diftrid.  '^'n^er.. 

XVIIL  AND  whereas  there  are  feveral  vagrant  Perfons  who  have  no  fixt  |^/1"yffor  si^ 
Abode  or  Settlement,  and  who  ntgled  and  refufe  to  work  on  the  Roads  •,  Bt  it  journer». 
therefore  EnaEied^  by  the  Authority  aforefaid^  That  every  Mafler  and  Miftrefs  of 
a  Family,  who  hath  any  fuch  Perfon  or  Perfons  as  a  Sojourner  or  Sojourners, 
Vv'orkman  or  Workmen,  Labourer  or  Labourers,  in  his  or  her  Family,  at  the 
Time  of  being  fummoned  to  work,  fhall  be  anfwerable  for  the  Work  of  fuch  Per- 
fon or  Ferfons  as  one  of  his  or  her  Family  ;  and  if  fuch  Perfon  refufe  to  appear 
at  the  Time  and  Place  appointed,  the  faid  Mailer  or  Miflirefs  may  fell,  at  Public 
Vandue,  fo  much  of  the  Goods  and  Chattels  of  fuch  Perfon  or  Perfons  fo  refu- 
fing,  as  fhall  pay  the  Fine  of  Two  Shillings  and  Eight  Pence,  Proclamation  Mo- 
ney, for  every  Day  he  ought  to  have  worked  on  fuch  Roads,  returning  the  Over- 
plus, if  any,  to  the  faid  Perfon  or  Perfons. 

XTX.  AND  he  it  further  Enacted,  hy  the  Authority  aforefaid.  That  if  any  ?ait"h-rD:. 
Perfon,   appointed  Ovrrfeer  by  a  Warrant  under  the  Hands  and  Seals  of  the  Ma-  ty,  to    forfeit 
jority  of  the  Commiflioners  of  his  Difl:rid,  or  any  of  them,  fliall  negled:  or  re-  "~° 
fufe  to  ad,  or  h.iving  takenu  pon  him  fuch  Office,  fhall  negled  or  refufe  to  follow 
the  Diredions  of  the  Commiflioner  or  Commiffioners  appointed  for  that  Part  of 
the  Road  of  which  he  is  Overfeer,  fuch  Perfon  fhall,  for  every  Day  he  fhall  fo 
negled  or  refufe  to  ad,  or  to  follow  the  Diredions  of  the  faid  Commiffioner  or 
Commiffioners,   forfeit  and  pay  the  Sum  of  Twenty  Shillings,    Proclamation 
Money. 

XX.  AND 


ao  s. 


, ■  . .........    ,  ■     11^ 

1 96  LAWS    <?/    North-Carolina. 


A.  p   1745 

K ^ 

Perfons     refufing 


XX.  JND  be  it  further  EnaEled^  by  the  Authority  aforefaid^  That  if  any 


to  work,  to  fur-  whltc  Pcrfon,  being  met  according  to  Summonsj  (hall  neglect  or  refufe  to  work 
feit7,s.  g(t.  if  a  according  to  the  Direftions  of  the  Commiffioners  or  Overfeer  appointed  for  that 
Whlpt.'  ""'^  Part  of  the  Road,  fuch  Ferfon,  for  every  Day  he  fo  offends,  fhail  forfeit  the  Sum 
of  Two  Shillings  and  Eight  Pence,  Proclamation  Money  ;  and  if  any  Slave  fhall 
refufe  or  neglect  to  work,  the  Overfeer  may,  and  he  is  hereby  directed  and  im- 
powered,  to  give  fuch  SlaVe  Correction,  by  whipping  him  on  his  bare  Back,  not 
exceeding  Twenty  Laflies,  for  every  Offence,  and  fo  that  he  ufes  no  other  Wea- 
pon than  a  Caw-Skin  or  a  Switch :  And  if  any  Perfon  (the  Commiffioners  of  the 
Dillrict  excepted,)  fltali  hinder  the  Overfeer  from  correcting  fuch  Slave,  the  Per- 
fon or  Perfons  ib  offending,  fhall,  for  every  fuch  Offence,  forfeit  and  pay  Twen- 
ty Shillings,  Proclamation  Money. 

epmrniffioners  to      XXI.  AN T>  bt  it  further  EnoMed^  by  the  Authority  aforcfaid.  That  the  Com- 
build Bridges,&c.  n^jj^joners  of  each  Diftrict,  or  the  Majority  of  them,  'fhall  be,  and  thty  are  here- 
by impowered,    to  agree  with  any  Perfon  or  Perfons,   to  build  any  Bridge  or 
Bridges,  or  repair  any  Road  or  Roads,  as  they  fhall  fee  neccffary,  in  their  feveral 
Diflricts. 

fto<itti\nitioht      XXII.  AND  be  it  further  Enacted^  by  the  Authority  afcrefaid.  That  where 

D ftra'/are  'di"  "^^^  Diflrifts  arc  divided  by  any  River  or  Creek,  and  the  Commiffioners  of  ei- 

vid  d  i.yaCreeic,  thcr  dcfire  to  build  a  Bridge  over  fuch  River  or  Creek,  they   Ihall  give  Notice  to 

m  flioners  ^^Zt  ^^^  Commiffioncts  of  the  other  Diflrift  of  the  Day  and  Time  they  will  meet  them, 

to  bu.id  a  Bridge  Es  ncar  the  Place  as  may  be  where  the  Bridge  fhall  be  propofed  to  be  built ;  and 

over  It,  jj^g  ^^jj  Commiffioners  of.  the  Two  feveral  Diftridts,  or  the  Majority  of  thofe  of 

each  Diflricft,  being  fo  met,  are  hereby  impowered  to  agree  with  proper  Perfons 

to  build  fuch  Bridge :  And  the  Commiffioners  of  each  of  the  faid  refpeftive  Dif- 

trifts,  or  the  Majority  of  them,  are  alfo  hereby  impowered  to  raife  Monty,  fuf- 

ficient  to  difcharge  the  Expence  of  fuch  Bridge,  in  their  feveral  Diflrifts,  that  is 

to  fay,  one  Half  on  one  Diflrift,  and  one  Half  on  the  other,  by  laying  a  Levy, 

fo  as  the  fame  do  not  exceed  One  Shilling,  Proclamation  Money,  for  One  Year, 

on  the  Taxables  liable  to  work  on  the  Roads  in  each  of  the  faid  Diftritts  •,  to  be 

colledled  by  the  Sheriff  of  the  County  wherein  fuch  Difbridls  are,  at  the  fame 

Time  and  Manner  aS  other  Taxes  are   made  payable,  and  to  be  coUcdled,  and 

fhall  be  accounted  for  and  paid  by  the  Sheriff,  to  the  Commiffioners  of  fuch 

Diflri6ts  where  the  fame  fhall  be  collected  ;  for  which  the  Sheriff  fhall  have  Six 

per  Cent. 

XXill.  AND  forasmuch  as  feveral  Counties  are  now  divided  by  fmall  Rivu- 
lets or  Creeks,  where  Briages  over  the  fame  maybe  made,  and  kept  in  Repair, 
Prnceeairfs  to  be  without  laying  a  Levy  on  the  Taxables  of  each  County  •,  //  is  therefore  hereby 
dela^'redrvidedby  ^n^cted^  That  the  Two  next  Commiffioners  to  the  faid  Run,  living  in  the  ciiffer- 
Creeks.  ent  Countics,  may  be,  and  are  hereby  impowered,  to  if]ue  Summons  for  fuch 

Number  of  Taxables  in  their  refpective  Diftricts  as  they  fliall  judge  proper,  for 
making  and  repairing  fuch  Bridges  j  and  the  Taxables  fo  working,  fhall  be  al- 
lowed the  fame  Time  from  working  upon  any  other  Roads  in  their  Diflrict :  And 
if  any  Perfon  or  Perfons,  liable  to  work  upon  the  Roads,  fiiall  neglect  or  refufe 
to  comply  with,  and  obey  fuch  Summons  as  aforefaid,  he  or  they  fliall  forfeit  and 
pay  the  Sum  of  Two  Shillings  and  Eight  Pence,  Proclamation  Money,  for  every 
Day  he  or  they  fhall  fo  neglect  or  refufe. 

comm^ffiontrs to      XXIV.  AND  be  it  further  EnaSled^  by  the  Authority  aforefaid^  That  if  any 

Rcpir/and'th"  Bridge  fhall  be  broken  down  or  carried  away  by  Frefhes,  or  if  by  falling  of  Trees 

Kvads  clew.       acrofs  the  Roads,  the  Paffage  of  the  fame  is  interrupted,  the  Commiflioner  or 

Commiffioners  of  the  Diftricts  in  which  fuch  Accident  may  happen,"  fhall  iffiae 

his 


# 


LAWS    0,/^    North-Carolina. 


197 


his  or  their  Warrant  or  Warrants  to  fummons  as  many  Taxables  as  may  be  able    ^-  ^• 

to  mend  fuch  Bridge,  or  move  luch  Trees,  and  otherwife  repair  any  unpafiable  *" ' 

Road,  allowing  the  Ferlbns  fo   working  as  many  Days  at  the  next  General  Time 
of  working. 


'o 


XXV.  AND  be  it  further  Enacted,  hy  the  Attthority  aforefaid.  That  if  any  Penalty  on  per,- 
Perfon  fhall  ftop  up,  or  any  way  damage  any  of  the  Roads,  Bridges,  Cuts,  or  '^''"'  "''I'p  f^s  "p 
Water-Courfes,  now  made,  or  hereafter  to  be  made,  by  the  Commillioners  afore-    °^  '' 

faid,  or  any  of  them,  or  aktr  or  damage  the  private  Roads  by  them  laid  out  to 
a  Landing,  or  Public  Road,  the  Commiffioners,  or  the  Majority  of  them,  in  the 
Diftrict  where  fuch  OfFi;nce  Ihall  be  committed,  Ihall  order  the  Party  fo  offend- 
ing immediately  to  clear  and  repair  the  fame;  and  in  Cafe  of  Refufa),  the  Party 
offending  fliall  forfeit  and  pay  fuch  Sum  or  Sums  of  Money,  as  the  Majority  of 
the  Commillioners  of  fuch  Diftricts  fliali  find  fufficient  to  repair  fuch  Damao-e. 

XXVI.  AND  be  it  further  EnaEled^  hy  the  Authority  aforefaid^  That  each  commiiTionersw 
CommifBoners  of  each  and  every  Diltrict,  or  the  Majority  of  them,  are  hereby  ""  f°  a^Arco; 
impow.Ted  and  required  to  call  to  Account,  upon  Oath,  all  former  and  prcfent  T'etTM'^nJy 
Commiffioners  and  Ofncers,  to  whom  any  Money  hath  been,  or  hereafter  fliall  '''«'"  Dciauiters. 
be  paid,  by  Virtue  of  any  Warrant  on  Defaulters  for  not  working  heretofore  on 

the  Roads,  and  to  appoint  any  one  of  the  faid  Commiffioners  to  receive  the  fame  ; 
and  upon  Rcfufil  or  Ncgledl  of  Payment,  it  fhall  and  may  be  lawful  for  the  faid 
Commiffion.'rs  of  fuch  Diftrid,  or  the  Majority  of  them,  to  iffue  their  Warrant, 
directed  to  the  Sheriff  of  the  County,  to  diffrain  the  Goods  and  Chattels  of  the 
Perfon  or  Perfons  fo  refufing  or  ncgiefting  to  pay  the  fame,  and  the  Goods  fo 
diilrained  fhiJl  be,  by  the  Sheriff,  fold  at  Public  Vendue,  fo  far  as  will  amount 
to  the  Sum  which  fuch  Perfon  ought  to  account  for  and  pay,  2s  aforefaid  ;  and 
the  Money  fo  levied,  Ihall  be  paid  to  the  Commiffioners  appointed  to  receive  the 
fame,  as  aforefaid. 

XXVII.  AND  he  it  further  EnaEled,   hy  the  Authority  aforefaid^   That  the  Proceedings  a, 
Commiffioners  in  the  feveral  Diflrifts  of  this  Province,  fhall  have  full  Power  and  s'^^^^'"''"'* 
Authority,  and  they  are  hereby  authorized  and  impowered,  to  fummons  all  Per- 

fons,  whom  they  fufped  as  Defaulters  in  working  on  the  high  Roads,  in  the 
fevjral  Diftrifts  where  fuch  Perfons  refide,  by  a  Note,  in  Writing,  under  the 
Hand  of  one  or  more  of  the  Commiffioners,  appointing  the  Time  when,  and 
Place  where,  they  fliall  meet,  which  fliall  be  within  Three  Months  after  the  Ra- 
tiiication  of  this  Aft  •,  and  fliall  caufe  all  Perfons  who  have  been  Overfeers  of  the 
high  Roads,  and  all  other  Perfons  whom  they  believe  can  make  Proof  againft 
Defaulters,  as  aforefaid,  to  appear  before  them  -,  and  on  due  Proof  made,  by  the 
Oath  of  any  one  credible  Perfon,  or  the  Confeffion  of  the  Party  or  Parties,  of 
fuch  Default  or  Defaults,  the  Commiffioners,  or  the  Majority  of  them,  at  the 
faid  Meeting,  fliall  order  fuch  Defaulter  or  Defaulters  to  work  on  the  Roads  for 
the  Space  of  Six  Days  only,  at  one  Time,  until  he  or  they  have  made  good  the 
whole  Deficiency,  within  Six  Months  after  the  Ratification  of  this  A61  •,  and  in 
Cafe  fuch  Defaulter  or  Defaulters  fliall  negledl  or  refufe  to  work  as  aforefaid,  or 
ref ufe  to  pay  his  or  their  feveral  Fines  and  Forfeitures,  due  for  his  or  their  De- 
fault or  Defaults,  the  faid  Commiflioners,  or  the  Majority  of  them,  are  hereby 
impowered  and  required  to  levy,  by  Warrant,  on  fuch  Defaulter  or  Defaulters^ 
fuch  Sum  or  Sums  of  Money  fo  due,  on  his  or  their  Goods  and  Chattels. 


Jtcrs   or  o- 


XXVIir.  AND  whereas  Difputes  may  often  arife,  about  tjie  Number  of  tax-  DefauitL._ 
able  Perfons  in   a  Family  liable  by  Law  to  work  on  the  Roads ;  Be  it  therefore  'I'vTaL.ft  of  \e> 
F.na5icd,  hy  the  Authority  aforefaid.  That  the  Commiffioners  in  each  and  every  rlxaWes,  wVJrl 
L'illrift,  or  the  Majority  of  them,  may,  and  they  are  hereby  impowered,  to  re-  '^'''5'' 
qi^ire,  upon  Oath, .  from   any  Defaulter  or  other  Perfon,  at  :iriy  Time,  the  Lifl: 

D  d  d  or 


mm*m 


198  Z,^/^»S'o/'    North-Carolina. 

yj.  D.  1745.    oj.  Number  of  his  or  her  Taxables,  liable  by  Law  to  work  on  the  Roads ;  and  on 

^"^ sr-^       Rcfufal  of  fuch  Defaulter,  or  other  Perfon  fo  required,  to  declare  the  fame,  hcj 

fhe,  or  they,  fo  retufing,  ftiall  forfeit  and  pay  the  Sum  of  Five  Pounds,  Procla- 
mation Money. 

CommiiTiontr*         XXIX.  A  N  D  k  it  fufther  Emcted,  by  the  Authority  aforefaidi  That  It  (hall 
^^ceiuTimbrr!  and  may  be  lawful,  for  any  Perfon  or  Perfons,  by  Direction  of  the  Commiffion- 
ers,  to  cut  down  and  make  Ufe  of  any  Timber  Tree  or  Trees  {landing  or  grow- 
ing upon  any  of  the  moft  convenient  Lands  to  the  faid  Roads,  for  the  Ufe  thereof. 

Warnnti  to  bi       XXX.  A  N  D  be  it  ftirther  Euacted^  by  the  Authority  aforefaid^  That  all  War- 
umier  the  Hands        j^^  ^     levvino;  anv  Fine  or  Forfeiture,  due  by  Virtue  of,  this  Ad,  fhall  be  un- 

of  the  Comnuf-  ,       t  t        1      '^    1    /.      i         r    1       /•-  ■  n^  ■        a  /r    •       •  r    i  •        1     • 

«oners,  der  the  Hands  and  Seals  or  die  Lommiiiioners,  or  die  Majority  or  them,  m  their 

refpeclive  DHtridts  where  fuch  Ihall  become  due. 

Rosds,  &c.  to  be       XXXI.  A  N B  be  it  further  Ena5fed,  by  the  Authority  aforefaid^  That  all  Pub- 
jta  Feet  w;  e.     j.^  Koads,  Bridges,    and  Caufways,    lliall  be  made,  at  the  leaft.  Ten  Feet  in 
Wedth. 

Right  of  Appeal.  XXXII.  A  N  I)  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any 
Perfon  or  Perfons  fhall  think  him,  her,  or  themfelves  aggrieved,  by  any  Order  or 
Sentence  of  the  Commiffioners,  it  Ihall  and  may  be  lawful  for  fuch  Perfon  or  Per- 
fons to  appeal  from  the  Order  or  Sentence  of  fuch  Commifiioncrs,  in  any  of  their 
refpeftive  Diftrids,  to  the  next  County  Court  -,  who  are  hereby  impowered  to 
hear  and  determine  fuch  Appeals  in  a  fummary  Way. 

Fines  howrcco-       XXXIII.  AND  be  it  further  EnaEled^  by  the  Authority  aforefaid.  That  all 
'iwi.  ^j^g  Fines  and  Forfeitures  now  due,  or  which  hereafter  fhall  become  due,  by  Vir- 

tue of  this  Ad,  except  fuch  as  are  herein  before  direded  to  be  otherways  reco- 
vered, fhall  be  by  Diftrefs,  and  Sale  of  the  Offenders  Goods  and  Chattels,  by 
Virtue  of  a  Warrant  under  the  HaAds  and  Seals  of  the  CommifTioners  of  fuch 
Ditlrid,  or  the  Majority  of  them,  where  fuch  Offence  is  committed,  direded  to 
any  lawful  Conftable  of  the  County,  who  fliall  levy  the  fame  by  Sale  of  the  Of- 
fenders Goods,  at  Public  Vandue,  to  the  higheft  Bidder  -,  and  the  f^id  Conflable 
fliall  be  allowed,  for  executing  every  fuch  Warrant  of  Diftrefs,  One  Shilling  and 
Three  Pence,  Proclamation  Money,  and  Three  per  Cent,  for  the  Sum  levied ; 
and  after  the  Forfeitures  and  Charge  paid,  the  Overplus,  if  any,  to  be  returned 
to  the  Owner :  Which  Warrant  Ihall  be  in  the  following  Words,  viz. 

Warrant.  XHLr  H  E  R  E  A  S  Information,  upon  Oath,  hath  been  made  to  us,  Commiffion- 

V V     ^^-^  /"^  ^^^  DiftriSl  of  in  the  County  of  by  A.  B. 

That  C.  D.  is  a  Defaulter  upon  the  high  Roads,  with  Taxables,  for 

Days,  which,  at  the  Fine  of  Two  Shillings  and  Eight  Pence  each,  by 

Latv  ejiablijhed,  amounts  to  the  Sum  of  and  that  the  faid 

C.  D.  hath  refufed  to  make  Satisfaction  for  the  fame : 

TH  E  S  E  are  therefore  to  command  and  require  you  to  feize  fo  much  of  the 
Goods  and  Chattels  of  the  fiid  C.  D.  as  will  pay  and  fatisfy  the  faid  Sum 
of  with  all  accruing  Coits ;  and  the  fame  Goods  fo  feiz- 

cd,  unlefs  redeemed  by  Payment  of  the  faid  Sum  of  with 

Colls,  in  Five  Days  after  Seizure,  that  you  fell  and  difpofe  of,  and  the  Money 
arifing  thereby,  you  pay  to  us,  at  the  Day  of  For 

which  this  fhall  be  your  fufticient  Warrant. 

PSnes  spproprii-       XXXIV.  A  N  D  bc  it  further  Enactcd,  by  the  Authority  aforefaid.  That  all 
ffd.  Fines  and  Forfeitures  mentioned  in  this  Ad,  ihall  he  to  the  Ufe  of  the  Public  of 

thii 


LA'  IV  S     of    ]\  OKT  n-Q  AROi^  I  a  A.  199 


A.  D.    1745 
<_- — ^ ~ 


exeniptril 


■  this  Proviiice,  and  .ilial!  be  paid  to  the  feveral  Commiflloners  in  their  relpective 
piftridts  where  f he ;  faiti  Fines  and  Forfeitures  are  recovered  ;  to  be  applied  to  the 
makincr  and  repairing  the  Bridges  and  Water-Courfcs  in  the  feveral  Diltrids  where 
the  fame  Ihall  be  recovered,  and  towards  paying  a  Clerk  for  entring  the  Proceed- 
in"-s  of  the  Commiffioners  of  the  faid  fwVeral  and  rcfpeftive  Difrrids. 

.     XXXV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  no  ^^^^ 
-Member  of  his  Majefty's  Council,  or  Members  of  Aiiembly,  no  Clergyman,  the  Roads. 
Juftice  of  the  Peace,  Attorney  at  Law,  Clerk  of  any  Court,  Coroners,  Confta- 
bles,  School-Maft-rs,  PhyficianSj  or  Surgeons,  or  Peribns  appointed  to  tend  Pub-   ^ 
lie  Ferries,  or  Public  Griit-Miils,  fhall  be  themfelvcs  compelled  to  work  on  any 
Roads  j  neither  fhall  any  Perfon  be  himielf  compelled  to  work,  who  fliall  (tnd 
Three  Perfons   out  of  his  own  Family  to  work  on  any  Road,  Bridge,  or  Cut. 

XXXVI.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Cnmmiffioners 
Commiflioner  or  Commiirioners,  appointed  by  this  Ad,  fhall  refufe  to  aft,  or  &J"S„rto'ts 
ihall  die,  or  leave  the  Diftri;;!:  of  which  he  or  they  are  Commiffioner  or  Commif-  appoinuj. 
fioners,  that  then,  and  in  fuch  Cafe,  the  remaining  Commiffiuners  of  fuch  Dif- 

trifts  whtre  fuch  Commiffiontr  or  Commiffioners  fliall  refufe  to  aft,  die,  or  leave 
the  Diftrid,  together  with  the  Julfices  of  the  County  Court,  at  the  next  County 
Court,  fliall  choofe  one  or  more  Commiffioner  or  Commiffioners,  to  fill  up  the 
PvOjm  of  fuch  Commiffioner  or.Commiffiioners  retuflng,  dying,  or  removing,  as 
.aforefaidi  and  fuch  Coinmiflioncr  or  Commiffioners  fo  chofen,  fhall  have  the 
fame  Power  and  Authority,  and  be  fubjed  to  the  fame  Penalties,  ^s  any  Com- 
miflioner  or  Commiffioners  in  this  Ad  before  named. 

XXXVII.  AND  whereas  by  a  late. Temporary  Act,  intituled,  Ayi  Act,  for 
laying  out,  rAaking,  altering,  and  keeping  in  Repair,  the  feveral  Roads  within  the 
.County  of  Bath,   '^c.  a  Tax   was  laid^  by  the  Commiffioners  of  Bladen  County, 

for  flniihing  a  Bridge  over  Levington\  Cre.tk  •,  which  Tax  v/as  not  fully  colleded 
before  the  Expiration  of  the  faid  Ad;  and  many  of  the  Perfons  fo  taxed  now  re- 
fufe to  pay  the  famej  becaufc  the  faid  Law  is  expired  : 

XXXVIII.  Be  it  therefore  Enafied,  by  the  Authority  aforefaid.  That  the  Com-  Commiffioner.  of 
miffioners  appointed  by  this  Ad  tor  the  faid  County,  in  their  leveral  and  re-  ;(rue  their  War- 
fpedive  Difl:ricts,  fliall  have  full  Power,  and  they  are  hereby  authorized  and  re-  '^-it  f^r  levying  a 
quired,  to  iffiie  their  Warrant  or  \\  arrants,  for  the  levying  the  faid  Tax  on  fuch 

Perfon  or  Perfons  who  have  not  already  paid  the  fime  ;  and  the  faid  Tax  fliall 
be  levied  and  paid  in  the  fame  Manner,  and  under  the  fame  Penalties,  as  in  this 
Act  is  before  directed   for  Taxes,  oa  the  like  Occafion,  hereafter  to  oe  laid  and 
.  collected  in  the  feveral  Difl:ricts  in  this  Act  appointed. 


CHAP.    VL 

An  AB,  for  ereHing  a  Fortif  cation  on  the  lower  Tart  of  Cape-Fear  Ri- 
•u.T,  for  applying  thereto  the  Powder-Money  already  art  fen,  or  which 
jhall  arife,  by  Shipping  coming  into  the  Tort  of  Brunlvvick. 

I.  TT  7"  H  E  R  E  A  S  from  the  prefent  War  with  France  and  Spain,  there  is  Preamble 

VV  great  Reafon  to  fear,  that  fuch  Parts  of  this  Province  which  are  fcitu- 
sted  mofl:  commodiou"  fur  Shipping  to  enter,  may  be  invaded  by  the  Enemy : 
And  whereas  the  Entrance  of  Ce/^f-Ft'^r  River,  from  its  known  Depth  of  Water, 
«nd  other  Conveniencics  for  Navigation,  may  tempt  them  to  fuch  an  Enterprize, 

while 


200  L  A  py  S     of    North-Carolina. 

A.  D    1745.    it  remains  in  fo  naked  and  deftncelefs  a  Condition  as  it  now  is  :  Tlitrefore,  for 

Vw — ^ '  ^^^  better  fecuring  of  the  Inhabitants  of  the  faid  River  from  any  Infuic  and 

Invafion, 


Commillioners 
appuinlcd    t» 


JL  W  E  pray  that  it  may  be  Enacted,'  And  he  it  Enabled,  hy  his  Excellency  Ga- 
briel Johnfton,  Ej(i\  Governor^  by  and  -with  the  Advice  and  Confent  of  his  Majejiy's 
reft  the  Fort.       Council^  and  General  AJfembly  of  this  Province^  and  it  is  hereby  Enacted^  by  the 
Authority  of  the  fame ^  That  his  Excellency  Gabriel  Johnfton^  Efq;  Governor,  the 
Honourable  Nathaniel  Rice.,    Robert  Halton^    Eleazer  Allen,  Matthew  Rowan^ 
Edward  Mofeley.,  Roger  Moore,  William  Forbes^  Eiqrs.  and  Col.  James  Lines, 
fVilliam  Faris,  Efq;  Major  John  Sw&nn,  and  George  Moore,  Efq-,  be,  and  are 
hereby  appointed  Commillioners  •,  who,  or  the  Majority  of  them,  fhall  have  full 
Power  and  Authority  to  ereft  and  build  a  Fort  or  Battery^  in  fuch  Place  on  the 
lower  Parts  of  Cape-Fear  River,  as  to  the  Majority  of  them  fliall  fecm  moft  con- 
venient, for  the  Defence  of  the  faid  River  :  Which  Fort  or  Battery  fhall  be  called 
Johpfic7i*s  Fort,  and  fliall  be  large  enough  to  contain,  at  leaft.  Twenty  Four 
Cannon,  with  Barracks,  and  other  Conveniencies,  for  Soldiers. 

PoMrdtr-Moncy  \\\^  AND  for  defraying  the  Charges  of  building  fuch  Fort  or  Battery,  Be  it 
h^\A^tit  ^''  Enacted,  by  the  Authority  aforefaid.  That  the  Powder-Money  already  paid  to  the 
Naval  Officer  of  Port  Brunfwick,  or  to  the  Commiflioners  of  Navigation  of  the 
faid  Port,  fince  the  Sixth  Day  of  March,  One  Thoufand  Seven  Hunured  and 
Thirty  Eight,  by  Virtue  of  an  Afl  of  Affcmbly,  intituled.  An  Act,  for  facilita- 
ting the  Navigation  of  the  fever al  Ports  of  this  Province,  and  for  Buoying  and  Bea- 
coning the  Channels  leading  from  Ocacock  Inlet,  to  Edenton,  Bath-Town,  and 
Newbern,  and  from  Topfail  Inlet,  to  Beaufort  Town,  and  ether  Ports  and  Inlets 
'Within  the  faid  Province  herein  mentioned,  and  for  providing  fufficient  Pilots,  for 
the  fafe  Conduct  of  Fejfels  -,.  and  all  Powder- Money  which  iliall  hereafter  arife,  by 
VelTels  coming  into  the  faid  Port  of  Brunfwick,  fhall  be  applied,  by  the  Commif- 
fioners  afordaid,  or  the  Majority  of  them,  (after  deducing  a  Sum  fufficient  for 
finifhing  the  Polling  and  Staking  out  the  Channel  between  Brunfwick,  and  Wil- 
mington, not  exceeding  the  Sum  of  Fifteen  Pounds,  Proclamation  Money,)  to 
the  Charge  of  building  and  erefting  the  faid  Fortification  as  aforefaid,  and  to  no 
other  Purpofe  or  Ufe  whatfoever ;  any  Thing  in  the  laid  Ad  to  the  contrary, 
notwithftanding, 

N.vaiomctfts  IV.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  feveral 
tecount  with  the  Jv^aval  Officcrs  of  the  Port  of  Brunfwick,  or  other  Perfons,  who  have  any  of  the 
foraTi'powdcr.  Powder-Money  of,  or  belonging  to  the  faid  Port,  in  their  Hands;  and  the  Naval 
jfoney.  Officcr  who  fhall  hereafter  receive  any  Powder-Money  of  or  for  that  Port,  fhall, 

when  called  upon  by  the  aforefaid  Commiffioners,  or  the  major  Part  of  them,  ap- 
pear before  them,  and  fettle  their  Account,  upon  Oath,  and  pay  to  the  faid  Com- 
miffioners, or  the  Majority  of  them,  or  their  Order,  all  fuch  Sum  and  Sums  of 
Money  already  received,  or  which  fhall  hereafter  be  received  by  him  or  them  ; 
and  a  Receipt,  under  the  Hands  of  the  faid  Commiffioners,  or  their  Order,  fhall 
be  a  fufficient  Difcharge  to  the  faid  Officer,  for  fuch  Sum  or  Sums  of  Money  fo 
paid. 

Kjva!Officcr,&c.  V.  A  N  D  he  it  further  Enacted,  ly  the  Authority  aforefaid.  That  if  any  fuch 
facU^wrL-" ^w  Perfon  or  Perfons,  who  have  already  received  any  Powder-Money  as  afore-men- 
fc.i:fdt4oi. '  tioned,  or  who  hath  any  fuch  Money  in  his  Hands,  or  who  hereafter  fhall  receive 
any  fuch  Money,  fhall,  upon  due  Notice  given,  refufe  to  appear  to  account,  up' 
on  Oath,  and  pay  the  Money  due  from  him  or  them,  he  or  they  fo  refufing  or 
negledling,  fhall  forfeit  the  Sum  of  Forty  Pounds,  Proclamation  Money  ;  to  be 
recovered,  by  the  Commiffioners,  or  the  Majority  of  them,  by  Adion  of  Debt, 
Bills  Plaint,  or  Information,  in  the  General  Court  of  this  Province,  wherein  no 

Pro- 


LAWS    o/North*CAiIolina.  201 

Protection,  Injunction,  or  Wager  of  Law,  fhall  be  allowed  or  admitted  of,  arid    ^-  °-  »hs' 

applied  towards  building  the  faid  Fort ;  and  fliall  be  alfo  liable  to  an  Adtion  for  "^^ v" \ 

all  fuch  Sums  of  Money  as  are  in  his  or  their  Hands,  at  the  Suit  of  the  Commif- 
fioners  aforefaid,  or  the  major  Part  of  them. 

VI.  AND  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  if  any  orie  NumberofCom- 
or  more  of  the  Commiffioners  before  mentioned,  fhall  die,  or  remove  out  of  this  kept  ^p." 
Province,  or  refufe  to  a6t,  that  in  fuch  Cafe  it  fhall  and  may  be  lawful  for  the 
Majority  of  the  remaining  CommifTioners,  to  recommend  double  the  Number  of 

the  Perfon  or  Perfons  fo  dying,  leaving  the  Province,  or  refufing  to  a6f,  to  his 
Excellency  the  Governor  or  Commander  in  Chief  for  the  Time  being,  out  of 
which  he  is  hereby  impowered  to  appoint  one  or  more  CommifTioners  to  aft  in 
the  Room  of  fuch  fo  dying,  leaving  the  Province,  or  refufing  to  act,  as  aforefaid : 
And  fuch  Commiffioner  or  CommifTioners  fo  appointed,  fhall  have  the  fame  Vo>n- 
er  and  Authority  as  any  other  Commiffioner  or  CommifTioners  have,  or  ought  to 
have,  by  Virtue  of  this  Act. 

VII.  A  NT)  he  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Com-  CommiffioBeM  to 
mifTioners  herrin  before  nominated  and  appointed,  are  hereby  compelled  to  lay  iounts^be'Le^he 
their  Accompts  before  the  Governor,  Council,  and  General  AfTcmbly  of  this  Pro-  Governor,  &c. 
vince,  for  all  fuch  Sum  or  Sums  of  Money  as  they  fhall,  from  Time  to  Time, 

receive,  by  Virtue  of  this  Aft. 

VIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  it  fhall  CommifTwner* 
and  may  be  lawful  for  any  Perfon  or  Perfons,  by  the  Direftion  of  the  Commif-  Ti^b"£ '"'^'"'** 
fioners  aforefaid,  or  the  major  Part  of  them,  to  cut  down  and  make  Ufe  of  any     ' 
Timber  Tree  or  Trees,  Handing  or  growing  upon  any  of  the  moft  convenient 

Lands  to  the  faid  Fort,  to  be  ufed  in  building  and  erefting  the  fame.  ' 


CHAP.     VII. 

An  Aoi,  to  appoint  CommiJJtoners  in  the  Place  and  Stead  of  thofe  deceafed, 
to  compleat  a?id  jiniJJi  the  Church  at  Newbern,  and  for  adding  the  pre- 
fent  Churchwardens  and  Vejlrymen  to  the  Jaid  Commiffioner s ;  and  for 

.  impowering  the  faid  Commif ioners.  Churchwardens,  and  Veflrymen,  to 
call  the  former  Commif ioners  to  Account,  for  all  the  Monies  by  them  re- 
ceived for  the  Ue  of  the  faid  Church,  and  to  appropriate  it  to  the  Pur- 
pofe  aforefaid,  and,  in  Cafe  of  Infjiciency,  to  lay  a  Levy  to  accompli (h 
the  fame. 

^'  \A7  ^  E  ^  E  A  S  by  Virtue  of  an  Aft,  pafTed  at  Edenton,  the  Twenty  Se-  Pveambie. 
'  V  y  cond  Day  of  Augufi,  Anno  Domini  One  Thoufand  Seven  Hundred  and 
f  oi-ty,  intituled,  An  A£f,  to  enable  the  Commijf  oners  herein  after  appointed,  to  erect 
andfinifh  a  Church  in  Newbern  Town,  for  the  better  regulating  the  faid  Town  and 
for  other  Purpofes  herein  after  mentioned,  William  IVtlfon,  Adam  Moore,  WUliam 
^''V^'^Se.  George  Roberts,  and  George  Bould,  were  appointed  CommifTioners  to 
erett,  build,  and  finifh  a  Church  at  Newbern  ;  and  the  faid  PFillit^m  Wilfon,  Adam 
Moore,  and  George  Roberts,  being  fmce  dead,  and  no  Power  in  the  faid  Law  to 
cliule  others  in  their  ^oom  j 

^^■BEit  therefore  Enacted,  by  his  Excellency  Gzhv\t\  ]ohn{?:on,  Efq;  Gcver-  Comn^irtion* 
iior,  by  and  luitb  the  Advice  and  Confent  of  his  Majejifs  Council,  and  the  General  Z7T\t^ 


202  LA  W  S    of   North-Carolina. 

»■  ■  ■*—■>—  ■-      ■    -    — ■       ..-■.■—-■-■■         ■■■- — ■ "•"'''•" ' '■_  '  I       .— .  I      I  !■■ llll"-'.         » 

^-  D.  1745.  jpm},iy  of  this  Province,  and  by  the  Authority  of  the  farne^  That  the  prefenc 

* v- '  Churchwardens  and  Veftrymen  of  the  Parilh  ot  Chrifi-Church,   together  vvitja 

Power*"  'to  *'oii  John  Fofivielk,  Edward  Bryan,  and  Chrijiopher-Gregory  Hohbs,  be,  and  are  here- 
tht:  former  Com-  by  appointed  Commiffioners,  in  the  Room,  Place,  and  Stead  of  the  faid  ^if///<?pi 
AccornY'fr  In  Wilfon,  Adam  Moore,  and  George  Roberts,  deceafed,  with  full  Power  and  Autho- 
-^•t^wii '''''*"'"'  ^^'■y  ^'^  ^^'^  to  Account  the  former  Commiffioners,  for  all  the  Monies  by  them  col- 
lected and  received,  to  and  for  the  Ufe  of  the  laid  Church,  and  from  any  other 
Perfon  or  Perfons  who  may  have  any  of  the  faid  Monies  in  their  Hands  -,  and  in 
Cafe  of  Neglect  or  Refufal  of  any  of  the  furviving  Commiffioners, '  or  the  Heirs 
or  Executors  of  thofe  deceafed  Commiffioners,  or  any  other  Perfon  or  Perfons, 
^s  aforefaid,  upon  the  Demand  of  the  Majority  of  the  prefent  Commiflioners, 
Churchwardens,  and  Veftrymen,  only  to  account  and  pay  down  all  fuch  Sum 
and  Sums  of  Money  as  are  remaining  due  and  unpaid  in  their  Hands  to  the  pre- 
fent Churchwardens  and  Commiffioners,  as  atorcfaid,  who  are  hereby  impowered 
to  give  Difcharges  for  the  fame,  that  then,  and  in  fuch  Cafe,  fuch  Commiflioner 
Or  Commifli®ners,  or  the  Heirs,  Executors,  or  Adminiftrators  of  thofe  deceafed 
Perfons,  or  other  Perfon  or  Perfons  concerned  therein,  fliall  forfeit  and  pay,  unto 
the  prefent  Churchwardens  and  Commiffioners,  the  Sum  of  One  Hundred  Pounds, 
Proclamation  Money  -,  and  further,  fhall  be  liable  to  an  A<5lion,  at  the  Suit  of  the 
Commiffioners  and  Churchwardens,  for  all  fuch  Slim  and  Sums  of  Money  as  fhall 
appear  he  or  they  are  fo  in  Arrear  •,  which  faid  Sum  of  One  Hundred  Pounds, 
Proclamation  Money,  fhall  be  applied  for  and  towards  finifhing,  compleating, 
and  building  the  faid  Church. 

^Commiffioners to      ju,  AN D  be  it  Etia^ed,  by  the  Authority  aforefaid.  That  in  Cafe  there  fhould 

flnifh  the  Church  not  appear  to  be  a  fufHcicnt  Sum  of  Money  in  the  Hands  of  the  former  Commif- 

M  not  '"efficient  fjoncrs,  Or  in  the  Hands  of  the  Heirs,  Executors,  or  Adminiftrators  of  thofe  Com- 

tfMyeoe  e.  j^jf|-jQj-jgj.g  ^jg^^g^fg;^^  jq  finifh  the  faid  Church,  that  then,  and  in  fuch  Cafe,  it 

fhall  and  may  be  lawful  for  the  prefent  Churchwardens  and  Veftry,  together  with 

the  prefent  Commiffioners,  to  lay  fuch  a  Levy  as  will  be  fufficient  for  the  com- 

. pleating  the  fame,  with  as  much  Expedition   as  poffibly  may  be :  Any  Thing 

herein  contained  to  the  contrary,  notwithftanding. 


CHAP.    VIII. 

jin  A£fy  to  add  that  Part  of  the  Province  ^^/A' J  •  Mattamufkeet,    ani 
,     '  Lake,  to  Hyde  County. 

Preamble.  I.  TT  7  H  E  R  E  A  S  the  Inhabitants  of  Mattamufkeet,  and  the  Lake,  for 

Y  V  thefe  many  Years  paft,  have  been  obliged  to  attend  Currituck  County 
Court,  being  from  their  Habitations  upwards  of  One  Hundred  Miles,  through 
a  bleak  and  dangerous  Sound,  which  is  always  attended  with  great  Fatigue,  and 
often  Times  there  Lives  expofed  to  great  I>anger,  and  frequently,  by  contrary 
Winds,  difappointed  of  tlieir  Paffages,  and  detained  from  their  Fajiiilies :  For 
.  Remedy  whereof  for  the  future, 

Mattamujkeet  II.  W  E  pray  it  may  be  Enaded,  Afid  it  is  hereby  Ena5led,  by  his  Excellency 

%Z'cXn\).  "'  Gabriel  Johnfton,  Efq ;  Governor,  by  and  with  the  Advice,  and  Confent  of  hi* 
Majejly's  Council,  and  General  Affembly  of  this  Province,  and  by  the  Authority 
cf  the  fame.  That  Mdttamufkeet,  and  the  Lake  thereunto  belonging,  .fhall,  from 
henceforward,  be  accounted,  taken,  reckoned,  and  deemed  Part  ot  Hyde  County  ;. 
and  that  the  Inhabitants  thereof  fhall  be  fubjeft  and  liable  to  the  fame  Orders,, 
Rules,  and  Taxes,  as  any  other  of  the  Inhabitants  of  the  faid  County  are,  or  here- 
after fhall  be  5  any  Law,  Cuflom,  or  Ufage,  to  the  contrary,  notwithftanding. 

CHAP. 


L  A  IF  S     c^f    N  o  R  T  H -C  A  R  o  L  I  N  A.    ^  20;^ 


A.  D.    1745. 

CHAP.     IX.  ^--v- — ' 


An  AB^  to  hnpoiuer  the  ConimiJJionen  for  the  Toivn  of  Edenton,  to  keep 
.in  Repair  the  ^omm  Fence ,  and  to  ere6i  and  build  a  Pound,  Bridges ^ 
■Public  Wharf  and  Market -hoi fe ;  as  aifo  to  ereSf  and  build  a  School^ 
houfe  in  the  faid  "Town,  and  other  Purpcfes  therein  mentioned. 


I.  T^  E  it  Ena^edf  by  his  Excellency  Gabriel  Johnfton,    Efq^-,   Governor,  hy  and  Commiffionefs  w 
J3  "^^ith  the  Advice  and  Confent  of  his  Majeftfs  Council  and  General  A[-  ShabSnts? '  w 
fembly  of  this  Province,  and  by  the  Authority  of  the  fame.,  That  the  Commiflioners  ^^'V  the  Town 
already  appointed,  or  who  fhall  hereafter  be  appointed  for  the  faid  1  own,  or  the  in'Rcplir.   ^'' 
Majority  of  them,  are  hereby  authorized  and  impowered,  by  the  Name  of  the 
CommilTioners  of  Edenton,  from  Time  to  Time,  and  at  all  Times  hereafter,  to 
lay  a  Tax  on  the  Inhabitants  of  the  faid  Town,  not  exceeding  Eight  Pence,  Pro- 
clamation Money,  per  Annum,  on  each  and  every  Lot,  pofiefied  by  each  and 
every  Perfon  or  Perfons  refiding  wkhin  the  faid  Town,  for  to  keep  the  Town 
Gates,  and  Fence  round  the  faid  Town,  in  good  Repair  •,  which  Tax  fliall  be 
Annually  coUefted  and  levied  by  a  Perfon,  from  Time  to  Time,  to  be  appointed 
by  the  CommiiTioners  of  the  faid  Town,  or  the  Majority  of  them,  and  by  the 
faid  CommilTioners,  or  Majority  of  them,  applied  for  the  Ufes  and  Purpofes  be- 
fore mentioned  ;  and  on  Non-payment  of  tlie  faid  Tax,  the  Perfon  appointed  to 
-colledt  the  fame,  is  hereby  impowered  to  make  Diflrefs  on  the  Goods  and  Chat- 
tels of  fuch  Perfon  who  lliall  refufe  to  pay  the  fame,  and  to  fell  the  fame  at  Pub- 
lic Vendue,  and  the  Overplus,  if  any,  to  return  to  the  Owner,  after  paying  the 
faid  Tax,  and  the  Cofcs  of  fuch  Diflrefs. 

II.  AND  be  it  further  EnrMed,  by  the  Authority  aforefaid.  That  no  Perfon  ^^ne but inhabi- 
©r  Perfons  whofoever,  except  the  Inhabitants  of  the  faid  Town,  fliall  keep,  or  stock °m  To w"^ 
caufe  to  be  kept,  any  Horfc,  Cattle,  or  Sheep,  within  the  faid  Town,  under  the  o°''«"'0''*o  »• 
Penalty  of  Twenty  Shillings,  Proclamation  Money,  for  each  and  every  Ofl'ence  j 

to  be  recovered  and  applied  as  in  this  Act  is  hereafter  diredled. 

III.  A  N  D  be  it  further  EnaSled,    by  the  Authority  afore  faid.   That  none  of  what  Number  of 
the  Inhabitants  of  the  iaid  Town,  fhall  keep,  or  caufe  to  be  kept,  running  at  ^3^^^  may^kLp'. 
large  within  the  Bounds  of  the  faid  Town,   more  than  Six  Head  of  Sheep,  one 

Cow,  and  one  Horfe,  for  one  Lot,  and  fo  in  Proportion  for  each  and  every  Lot 
by  him,  her,  or  them  fo  pofTefled,  under  the  Penalty  of  Twenty  Shillings,  Pro- 
clamation Money,  for  each  and  every  Offence  j  to  be  recovered  and  applied  as  in 
this  Ad:  is  hereafter  direded. 

IV.  AN D  be  it  further  EnaBed,  by  the  Authority  aforcfaid.  That  the  Com-  Comm;ffioners to 
miffioners  of  the  faid  Town,  or  the  Majority  of  them,  are  hereby  authorized  and  Bnrfges, -wharf, 
impowered,  to  erect  and  build  a  Pound,  Bridges,  Public  Wharf,  Market-houfe,  ^"g^^;^!"*^"' 
and  School-houfe,  in  fuch  Public  Places  in  the  faid  Town  as  they,  or  the  Ma-  houfe. 
jority  of  them,  fhall  think   mofl  convenient,  for  the  Eafe  and  Advantage  of  the 
Inhabitants  of  the  faid  Town  :  And  for  defraying  the  Expence  of  building  and 

creding  the  faid  Pound,  Bridges,    Public  Wharf,  Market-houfe,  and  School- 
■  houfe,  the  faid  CommiiTioners  fliall  be  allowed  and  paid,  out  of  the  Money  alrea- 
dy arifen,  and  not  applied,  and   which  hereafter  fliall  arife,  by  the  Sale  of  Lots 
in  the  faid  Town  ;  any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

V.  AND  be  it  further  Enacted,  by  the  Authority  afore  faid.  That  the  feveral  P'^^^^'j^e^^^^^^^^^ 
Penalties  in  this  Adt  mentioned,  fhall  be  recovered  by  a  Warrant  before  Two  of  appUed. 
his  Majefly's  Juftices  of  the  Peace,  and  be  applied,  by  the  Majority  of  the  Com- 

mifTionerg 


■lU-'--' 


204  LAWS    of    North-Carolina. 

A.  D    :745.     niiflloners  of  the  faid  Town,  towards  the  ereding  and  building  the  faid  Pound, 
^"— V '  Bridges,  Public  Wharf,  Market-houfe,  and  School- houfe, 

Commiflioners  VI.  A  N D  be  it  furthef  Enacted,  by  the  Authority  aforefaid^  That  the  Commif- 

^zLLT^Y.r  the  fioners  of  Edenton  may  receive  Donations  and  Subfcriptions,  towards  defraying 
s«hooUhoufc.  |-}^g  Expences  of  building  the  School-houfe  in  the  faid  Town,  and  apply  the  fame 
accordingly  •,  and  may,  in  their  Names,  or  in  the  Names  of  the  Commiflioners 
for  the  Time  being,  commence  Suits  or  Anions  for  the  Recovery  of  any  Sums, 
given  or  fubfcribed  to  be  paid,  for  the  Purpofe  atorefaid,  by  any  Perfon  or  Per- 
fons  whofoever. 


C  H  A  P.    X. 

An  A5f,  for  the  better  regulating  the  Town  of  Wilmington,  and  for  con- 
firming and  ejlab lifting  the  late  Survey  of  the  fame^    with  the  Plan 
annexed. 


Preamble. 


I.  "TT  7  H  E  R  E  A  S  the  Inhabitants,  and  the  greatefl:  Part  of  the  Proprietors 
\yi  of  the  Town  of  JVilmington,  have  been  at  a  very  confiderable  Expence 
in  a  Re-furvey,  and  forming  of  an  cxad:  Plan,  of  the  faid  Town  j  and  being 
unanimous  in  petitioning  for  the  fame  to  be  ettablifhtd  by  a  Law : 

•onfirraed.'  "*"  II  5  £  it  Enalfed,  by  his  Excellency  Gabriel  Johnfton,  Efq  -,  Governor^  hy  and 
with  the  Advice  and  Confcnt  of  his  Majejiy's  Council,  and  General  Ajjenibly  of  this 
Province,  and  by  the  Authority  of  the  fame.  That  the  faid  Ir'lan,  as  annexed,  fliall 
be,  for  ever  hereafter,  the  true  and  exaft  Plan  of  the  faid  Town ;  by  a  Reterencc 
to  which,  all  Difputes  in  Regard  to  Streets,  Squares,  Lots,  arid  their  Boundaries, 
are  to  be  determined  for  the  future. 

biffereneei  about  III.  BUT  whcrcas  by  the  Unfkilfulnefs  of  former  Surveyors,  and  Negledl  of 
HouS"&c?  "n  ^he  Proprietors,  the  Courfe  of  the  Streets,  and  Bounds  of  the  Squares  and  Lots, 
the  Town,  how  were  never  properly  afcertained  •,  by  which  many  Houfes  are  mifplaced,  fome  in- 
croaching  upon  the  Streets^  and  others  upon  the  Lots  of  their  Neighbours :  For 
Remedy  whereof.  Be  it  Ena^ed,  by  the  Authority  aforefaid.  That  all  fuch  Houfcs 
as  are  now  built,  either  wholly,  or  in  Part,  upon  the  Streets,  fhall  be  allowed  to 
remain  fo  till  they  decay  and  fall  to  Ruin'-,  but  as  foon  as  the  Owner  of  fuch 
Houfe  or  Houfes  may  refolve  to  repair  or  rebuild  the  fame,  the  Street  or  Streets 
fliall  be  by  him  cleared  of  all  Rubbifh,  and  he  be  obliged  to  build  fuch  Houfe  or 
Houfes  upon  his  or  their  Lot  or  Lots,  under  the  Penalty  of  Fifty  Pounds,  Pro- 
clamation Money  ;  to  be  recovered  and  applied  as  is  herein  after  diredled  :  And 
where  any  Owner  or  Proprietor  has  the  Wholej  or  any  Part,  of  his  Floufe  or 
Houfes  on  his  Neighbour's  Lot  or  Ground,  in  fuch  Cafe  it  fliall  and  may  be  law* 
ful  for  the  Party  fo  injured^  by  being  deprived  of  Part  of  his  Lot  or  Ground  by 
his  Neighbour's  Houfe,  or  any  Part  of  it  being  built  upon  his,  to  give  Notice, 
in  Writing,  to  the  Owner  or  Proprietor  of  fuch  Houfe  or  Houfes,  to  remove 
what  of  the  fame  is  on  fuch  Perfon's  Lot  or  Ground,  in  Six  Months  after  Date  % 
Which  he  fliall  be  obliged  to  do,  under  Penalty  of  Fifty  Pounds,  Proclamation 
;Money,  to  be  recovered  in  the  Supreme  Court  of  this  Province,  by  the  Party  fo 
injured,  and  to  be  appplied  to  his  proper  Ufe,  and  to  no  other  Purpofe  whatfoever  : 
Neverthelefs,  the  Owner  or  Proprietor  of  a  Houfe  or  Houfes,  having  Brick  Chim- 
neys, or  Brick  Cellars,  may  be  at  Liberty,  and  he  is  hereby  allowed,  to  pay  a 
Ground  Rent  for  what  Part  he  incroaches  upon  his  Neighbour,  where  Notice  or 
"Warning  was  not  before  given  of  fuch  Incroachnient  i  which  Rent,  and  all  Dif- 
putes 


LAWS     (j/^    North-Carolina.  20^ 


putes   ariiing  about  Incroachments  and  Damages  upon  Lots  already  committed,    ^-  ^-   'J''^. 
lliall  be  determined  by  the  Commifiioners  of  the  faid  Town,  to  be  chofen  as  here-        -v*~ 
in  after  direded. 

IV.  AND  be  it  further  Enact ed^  hy  the  Authority  aforcfaid.  That  every  Com-'  Complaints  to  ie 
plaint  of  Nufances,  by  Lumber  or  Rubbifh  lying  upon  the  Streets,  or  vviiarfs,  Sl^J^ontr? 
Dangers  of  Fire,  arifing  from  Wooden  Chimnies,  or  any  fuch  hazardous  Build- 
ings, fhall  be  determined  by  the  CommiiTioners  as  aforefaid. 


V.  AND  that  proper  Cafe  may  be  taken  in  the  Choice  of  Commiflloners,  EieaionofCora* 
Be  it  Enacted^  by  the  Authority  aforefaid.  That  the  Election  of  Commiffiooers  "''^'o""^- 
fhall  be.  Yearly,  and  every  Year,  by  the  Freeholders  of  the  faid  Town,  by  Bal- 
lot, as  directed  in  the  Law  for  Regulating  the  Eleftions  of  Members  of  Afllm- 
bly,  and  that  the  Number  of  Five,  and  no  more,  fhall  be  chofen  CommilTioners 
Annually,  every  New- Year's  Day,  except  when  iuch  Day  falls  upon  a  Sunday,  in 
which  Cafe  the  Eleftion  to  be  on  the  Monday  following ;  and  Two  Perfons,  to  be 
chofen  by  the  Majority  of  the  Inhabitants,  ns  Infpeftors  of  the  Ballot,  fliall  attend, 
and  declare  who  are  duly  eleited  Commifiioners,  in  the  fame  Manner  as  in  the 
Law  for  Regulating  EL6tions  of  Affembly  :  And  that  upon  the  faid  Five  Com- 
miirioners  being  chofen,  and  their  Names  properly  entered  in  the  Journal  of  the 
Proceedings  of  the  Town,  they  fhall,  before  they  enter  upon  their  Office,  take 
the  following  Oath : 


'O 


I  A.  B.  do  fwear,  1'hat  I  will  execute  the  Office  of  a  Commiffiomr,  faithfully  and  TneirOatiij 
truly,  without  Favour  or  Affettion,  or  Prejudice  \  and  in  all  things  a£t  for  the 
Good  of  the  faid  'I'own,  and  the  well  governing  of  it,  to  the  beji  of  my  Skill  and 
Judgment* 

So  help  me  God. 

VI.  AND  that  the  {>xid  Town  of  Wilmington  may  be  more  regularly  fupplied  Markets  rctti«3, 
with  Provifions,  Be  it  Enacted,  by  the  Authority  aforefaid.  That  "Thurfdays  and 
S&turdays,  in  every  V/eek,  are  hereby  appointed  Market  Days,  for  all  Kinds  of 
Provifions  and  Goods  whatfoever ;  and  the  Commifiioners  of  the  faid  Tov/n,  for 
■the  Time  being,  are  hereby  impowered  to  pafs  fuch  Orders  as  they  may  judge 
proper,  for  the  better  Regulating  the  faid  Markets,  for  preventing  tainted  or  un- 
wholfome  Provifions  being  fold,  for  the  better  bringing  to  Juilice,  or  profecu- 
ting  according  to  Law,  in  the  Civil  Courts  of  this  Province j  all  Foreftallers  of 
the  Market,  private  marketing,  or  buying  or  dealing  with  Negroes  bringing 
Provifions  or  other  Goods  without  proper  Tickets  from  their  Mafircrs,  Miflrcffts, 
or  Overfeers,  for  preventing  all  irregular  Mobbs  and  Cabals  by  Negroes  and 
others,  efpecially  on  Sundays,  for  the  more  effecflually  bringing  to  Juftice  all  fuch 
Criminals  and  Offenders  againft  the  Laws  o'f  this  Province,  and  alfo  tor  preferv- 
ing  the  Peace  and«Safety  of  the  faid  Town,  by  appointing  proper  Guards  of 
Watches  in  the  faid  Town,  as  often  as  they  fee  proper,  fo  as  one  of  the  Commif- 
fioners  ftiall  always  be  of  the  Number  to  make  up  the  faid  Watch,  by  giving  his 
Attendance  in  the  Town-houfe,  to  be  ready  on  all  Occafions  of  Riots  and  Dif- 
turbances,  or  to  prevent  Malefaftors  breaking  the  Prifon  or  Goal,  and  in  all 
Things  to  aft  for  the  Good  and  Safety   of  the  faid  Town,  and  the  proper  Go- 
vernment of  it,  confiftent  with  the  Laws  and  Cuftoms  of  this  Province. 

VIL  AND  forafmuch  as  the  Inhabitants  of  the  faid  Town  were  at  a  confider-  PuMIc  MMtlna 
able  Expence  in  building  a  Town-houfe,  or  Court-houfe,  in  the  faid  Town,  by  cuur^.h^uf'" 
a  voluntary  Contribution  -,  Be  it  Enacted,  by  the  Authority  aforefaid.  That  the 
Commifiioners,  and  the  Inliabitants,  fliall  have  free  Liberty  to  hold  all  their  Pub- 
iick  Meetings  on  all  Occafions  in  the  Court-houfe,  and  have  the  Liberty  of  a  Key 
.  to  the  fame. 

Fff  yilL  AND 


Mi^Meiaiaitoowii  t  »   rninnwiii 


go6  LA   W  S  .of    North-Carolina. 

A.   D,    1745. 

V ^^^, — ^       VIII.  AND  wliereas  many  Streets  in  the  faid  Town  are  unpafTable  and  dan- 

1^^  xfCto  Je-  gero^s,  for  Want  of  proper  Bridges  and  Water-Courfes,  and  proper  Shambles 
fray  nectirar/  ^jj-  ^  Market-pkcc  is  alfo  wanted  in  the  faid  Town  ;  Be  it  Enacted,  by  the  Authority 
^hargcs.  aforefaid.  That  the  Commiffioners,  or  the  Majority  of  them,  for  the  Time  being, 

may,  and  they  are  hereby  impowered,  to  lay  a  lax  on  all  Male  Taxables  in  the 
faid  Town,  Yearly,  towards  defraying  fuch  necefiary  Charges,  or  any  which 
may  arife,  by  ■holding  Watches,  building  or  repairing  Public  Wharfs,  or  Bridg- 
es, or  other  Public  Charges,  v/hich  may  be  agreed  upon,  at  the  Yearly  Public 
Election,  by  the  Majority  of  the  Inhabitants  of  the  faid  Town ;  fo  as  fuch  Yearly 
Tax  does  not  exceed  One  Shilling  and  Six  Pence,  Proclamation  Money. 

Co«miffion=rre.  IX.  A  N D  bt  it  fuTthev  Enacted,  by  the  Authority  afcrefaid.  That  any  Per- 
^o''hfr"'to^be^'  Ton  being  chofen  Commiflloner  for  the  faid  Town,  and  refufing  to  adl,  the  other 
ibofcn.  CommiHioncrs,  or  the  Majority  of  them,  fliali  choofe  another,  in  his  Room. 

pi«ei  »ppropria-  X.  AND  be  it  further  Enabled,  by  the  Authority  afcrefaid.  That  all  Fines 
and  Forfeitures,  mentioned  in  this  Adf,  unapplied,  fhall  be  levied  and  applied  tQ 
the  Public  Fund  or  Stock  of  the  faid  Town. 


«cd. 


fnhabitanti  to        XL  AND  bc  it  further  Enacted,  by  the  Authority  afore  faid.  That  the  Com - 
clear  and  repair  milTioners  arc  hereby  impowered  to  ilTue  their  Warrant,  at  leaft  Twice  a  Year, 
Pen.  JfTs.'sd!  to  the  Conftables,  to  warn  all  the  Male  Taxables  to  clear  and  repair  the  Streets, 
each  Pnf..n,  fur  or  make  or  mend  the  Public  V/harfs,  Docks,  or  Slips,  and  alfo  to  appoint  Over- 
crery    e  u  i .     ^^^^^  ^  ^^^  ^^^  Pcrfon  negleding  or  ref ufing  to  work,  as  direfted  in  the  War- 
rant, or  to  furnifh  a  good  and  fufficient  Hand  in  their  Place,  fhall  forfeit  and 
pay  Two  Shillings  and  Eight  Pence,  Proclamation  Money,  fer  Day,  for  every 
luch  Refufal  or  Negleft ;  to  be  recovered  in  the  fame  Manner  as  the  Commif- 
fioners of  the  Roads  are  impowered  by  Law :  Which  Money  fo  recovered,  fliall 
be  applied  towards  hiring  Labourers  in  their  Place  and  Stead,  and  to  no  othei; 
Purpofe  whatfoever. 

«)tcufcd  from         XII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.   That  the  Inha- 
wciking  on  the  bitants  of  the  faid  Town,  fliall,  and  they  are  hereby,  for  ever  hereafter,  excufed 
uWic  Roadi.      j-^^^^  ^u  Work  on  the  Country  Public  Roads,  during  fuch  Time  as  they  live  in 
the  faid  Town,  and  no  longer. 

Proprietors    t«        XIII.  AND  whcrcas  many  Lots  are  not  yet  cleared,  nor  proper  Drains  of 
»iear  th.ir  Lots,  Runs  madc,  in  many  Places  near  the  Parts  of  the  Town  where  there  are  moft  In- 
en.  0  30  J.  j^^j-jjjjjj^j-s^  j-Q  |.j^£  manifefl  Injury  and  Unhealthinefs  of  the  faid  Town  ;  Be  it  there" 
fore  Enacted,  by  the  Authority  aforefaid.  That  the  CommilTioners  for  the  Time 
being,  or  the  Majority  of  them,  may,  and  they  are  hereby  imjpowered,  to  order 
the  Proprietors  of  any  Lot  or  Lots,  to  clear  all,  or  any  Part  of  them,  and  to 
make  proper  Drains  or  Water-Courfes  through  them,  in  Six  Months  after  fuch 
Order,  figned  by  the  Commiflioners  for  the  Time   being,  or  the  Majority  of 
them  ;  and  any  Perfon  refufing  or  negledling  to  comply  with  the  fame,  Ihall  for- 
feit and  pay  Twenty  Shillings,  Proclamation  Money. 


Tide   Wattr-En 
fines,  At 


_    , . .      ,.        XIV.  AND  whereas  the  Dangers  arifing  from  Fire  in  the  faid  Town  are  very 

Tox   Isid   nil  the  j-kt  ri  itjj 

Moufes,  to  pro.  great,  and  a  Ncccflity  appears  for  providing  a  Water-Engine,  Buckets,  Ladders, 
and  other  Inflruments,  necefiary  on  fuch  Occaficns  •,  Be  it  EnaSed,  by  the  Au- 
thority aforefaid.  That  every  Houfe  in  the  faid  Town  fhall  be  valued,  after  the 
Expiration  of  Two  Years  next  after  the  Ratification  of  this  Aft,  by  the  Commif- 
fioners, who  are  hereby  impowered  to  lay  a  Tax  on  the  Owner  or  Proprietor  of 
fuch  Floufc  or  Houfes,  at  fo  much  per  Cent,  fo  as  fuch  Tax  does  not  exceed 
Two  fir  Cent.  Proclamation  Money  ■,  which  Money  fa  laid,  anii  c^lki^ed,  Ihall 

be 


L    A   JV  S      of     N  O  R  T  H  -C  A  R  O  L  I  N  A.  207 


be  applied  towards  purchafing  one  or  more  Water-Engines,  Buckets,  Ladders,    ^-  ^-  ^"4s- 
and  other  Inftruments,  tor  extinguifhing  Fire ;  as  alfo  for  an  Alarm  or  Town  ^        _ 

Bell :  Which  Inftruments  fhall  be  under  the  Care  and  Diredion  of  the  Comraif- 
fioners  for  the  Time  being,  to  be  ready  on  all  Occafions  of  Fire. 

XV.  A  N  D  to  fupply  the  Want  of  Commiffioners  at  prefent.  Be  it  Enacted^  inhaKtants  to 
by  the  Authority  af ere  laid,  Tliat  the  Inhabitants  of  the  faid  Town  be,  and  are  "^u'^^'  ^  ^°'"" 
hereby  impowered  and  authonfed,  to  meet,  on  the  Second  Tucfday  in  May  next, 

and  choofe  Five  Commiffioners,  to  act  'til  New- Year's  Day  next,  and  no  longer. 

XVI.  AND  be  it  further  Enabled,   by  the  Authcrity  aforefaid.  That  if  at  any  Ordnarykeeper* 
Time,  Twenty  Days  after  the  Ratification  of  this  Act,  any  Tavern-keeper,  Or-  ^"'  ,'^  [n'^tHei* 
dinary-keeper,    or  any  other  Perfon  or  Perfons  whatfoever,    felling  Liquor  or  Houfcs  <m   the 
keeping  a  Public  Koufe  in  the  faid  Town,  fhall  fufFer  any  Perfon  or  Perfons  l"^^"'^-^^l:  "^ 
whatfoever  to  fit  tippling  or  drinking  in  his  Houfe  in  Time  of  Divine  Service 

on  the  Sabbath  Day  •,  or  lliall  fuffer  any  Perfon  or  Perfons  to  get  drunk  in  his 
Houfe  on  the  Sabbath  Day  j  fuch  Perfon  or  Perfons  fo  offending,  fhall  forfeit 
and  pay,  for  every  fuch  Offence,  the  Sum  of  Twenty  Shillings,  Proclamation 
Money. 

XVII.  AND  be  it  further  Enabled,  by  the  Authority  cforefaid.  That  if  any  Not  to  truft  Sai-. 
Perfon  or  Perfons  whofoever  in  the  faid  Town,  fhall,  one  5/Ionth  after  the  Rati-  J°a,;.°^J^"i,t*'' 
fication  of  this  A61,    on  any  Pretence  whatfoever,  give  any  Credit,    Loan,  or  ' 
Trufl,  to  any  Mariner  or  Seaman,  belonging  to,  or  under  the  Command  of  any 

Mailer  of  a  VelTel  that  now  is,  or  fhall,  at  any  Time  hereafter,  arrive  in  the 
River  of  Cape-Fear,  exceeding  the  Sum  of  Two  Shillings  and  Eight  Pence, 
Proclamation  Money,  except  by  the  Leave  or  Licence  of  the  Mailer  or  Com- 
mander of  the  Veffel  he  belongs  to,  or  where  fuch  Sailor  or  Mariner  fnall  have 
left  the  Ship  or  Veffel,  to  apply  to  the  Courts  of  Juflice,  in  any  Difpute  or  Con- 
troverfy  with  the  Captain  or  Camraander  of  fuch  Ship  or  Veffel  -,  that  then, 
and  in  fuch  Cafe,  he,  fhe,  or  they,  fhall,  for  every  fuch  Default,  lofc  all  the 
Monies  and  Goods  fo  trulled  or  credited. 

XVIII.  ANDbeit  further  Enabled,   by  the  Authority  aforefaid.   That  if  any  no  Perfon  (• 
Perfon  or  Perfons  v/hofoever,  fhall,  willingly  and  knowingly,  entertain,  harbour,  h^bour  Saiicrt^ 
or  keep,  or  fuffer  to  be  entertained,  harboured,  or  kept,  direclly  or  indireftly,  °"  '■"'"  '^°'* 
any  Seaman,  belonging  to  any  Veffel,  as  aforefaid,  in  his,  her,  or  their  Houfe 

or  Houfes,  exceeding  the  Space  of  Six  Hours,  without  the  Privity  or  Confent  of 
his  or  their  Commander,  (except  as  in  the  Cafe  before  excepted)  he,  fhe,  or  they, 
fo  offending,  fhall  forfeit  and  pay  the  Sum  of  Forty  Shillings,  Proclamation  Mo- 
ney, for  every  fuch  Offence. 

XIX.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  if  any  Right  o/Appwt, 
Perfon  or  Perfons  fhall  think  him  or  themfelves  injured,  by  any  Determination 

of  the  faid  Commiffioners,  fuch  Perfon  or  Perfons  may  appeal  to  the  Juflices  of 
the  County  Court  •■,  who  are  hereby  impowered  to  determine  the  fame  in  a  fum- 
mary  Way. 

XX.  AND  be  it  further  Enabled,   by  the  Authority  aforefaid.  That  all  Fines  Fines  how  to  ht 
and  Forfeitures  mentioned  in  this  Ad,  not  exceeding  Five  Pounds,  Proclamation  applkd.'*^'  *"** 
Money,  fhall  be  recovered  by  a  Warrant,  under  the  Flands  and  Seals  of  the 
Commiffioners,  or  the  Majority  of  them,  for  the  Time  being,  diretled  to  the 
Conilable  or  Bailiff  of  the  faid  Town,  to  be  by  him  levied  on  the  Goods  and 

Chattels  of  the  Delinquent,  and  Public  Sale  to  be  made  of  fo  much  of  the  fame, 
after  Ten  Days  Notice  firfl  given  of  fuch  Sale,  as  will  difcharge  the  faid  Sum  or 
Sums/  and  the  Overplus,  if  any,  to  be  returned  to  the  Owner;,  and  that  all  other 

Fiaes 


2o8  LAWS    of    North-Carolina. 


w.  D.  1745.  Pines  and  Forfeitures  mentioned  in  this  Act,  for  any  Sum  above  Five  Pounds, 
—^--  Proclamation  Money,  fhall  be  recovered  by  the  Commiflioncrs,  or  the  major 
Part  of  them,  or  the  Survivors  of  them,  in  any  Court  of  Record  of  this  Province, 
by  Adtion  of  Debt,  Bill,  Plaint,  or  Information,  wherein  no  Effoign,  Injundion, 
or  Wager  of  Law,  fhall  be  allowed  or  admitted  of;  and  that  the  Fines  and 
Forfeitures  by  them  fo  recovered,  and  not  herein  before  particularly  appropriated, 
fliall  be  applied  and  paid  into  the  Stock  of  the  faid  Town. 

In  Cafe  of  Death,  XXI.  A  N  B  bs  tt  further  Enacted^  hy  the  Authority  aforefaid^  That  if  any 
fioner°s,  iXbil  of  the  Commiflioncrs,  chofen  by  Virtue  of  this  Adt,  fhall  die,  or  leave  the  Pro- 
tants  to  choofe  yincc,  it  fliall  and  may  be  lawful  for  the  Inhabitants  to  meet,  and  choofe,  as  be- 
fore diredled,  a  Commiflioner  or  Commiflioncrs,  in  Place  of  him  or  them  fo  dy- 
ing or  leaving  the  Province  ;  and  fuch  Commiflioner  or  Commiflioners  fo  chofen 
and  eleded,  fhall  poffefs  and  enjoy  the  fame  Power  and  Authority  as  .any  other 
of  the  Commiflioners,  chofen  as  before  directed  -,  any  Thing  in  this  Adt  to  the 
contrary,  notwithftanding. 


CHAP.    XI. 

An  AB,  for  Fe?icing  the  Town  of  Bath,  and  re-furveying  the  Common 
belqngitig  to  the  faid  Town^  a  fid  exemptiiig  the  Inhabitants  frotn  ivorking 
on  the  Main  Roads  j  and  to  give  Liberty  to  the  Inhabitafits  to  build  on 
and  improve  the  Frojit  or  Water  Lots^  and  to  appoint  Commifjioners  for^ 
the  Ptirpofes  aforefaid. 

jpreambie.  I.  "T  T  7"  H  E  R  E  A  S  the  inclofing  and  fencing  in  the  Town  of  Bath,  will  be 

V  V    ^o^  ^'"^^y  commodious  to  the  Inhabitants,  but  convenient  to  Travellers 
pafllng  that  Way : 

iniiabit«nts  im-  II.  W  E  therefore  pray  that  it  may  be  Enaflcd,  And  he  it  Enacted,  hy  his  Ex^ 
^'J'j^^^^^j^'^""  <-f//g«ry  Gabriel  Johnfton,  £/j;  Governor,  by  and  with  the  Advice  and  Confent  of 
his  Majejiy's  Council,  and  General  Affembly  of  this  Province,  and  by  the  Authorit'^ 
cf  the  fame.  That  the  Inhabitants  ol  Bath-1'o'wn,  at  their  own  proper  Coils  and 
Charges,  fhall  be  obliged  to  make,  and  keep  in  Repair,  a  good  and  fufficient 
Fence,  with  one  large  Gate,  fit  for  Carts  to  pafs  through,  and  one  lefTcr  Gate, 
fit  for  Men  and  Horfcs  to  pafs  through. 

CowiTiiffloncfs  ts  III.  AND  be  it  further  Enacted^  by  the  Authority  aforefaid,  ThzttlitCom-* 
kJe  *  thr'Fcnce  n^i^'^io'^crs  hereafter  appointed,  or  the  Majority  of  them,  are  hereby  direded  and 
j»  Repair,  impowcred,  to  hire  and  employ  Workmen,  to  make  up  or  repair  the  faid  Fence 

and  Gates,  when  the  Majority  of  them  fhall  find  it  necelTary,  and  to  compute 
the  Charge  of  the  making  and  repairing  the  fame,  on  the  firit  Tuefday  in  May^ 
Yearly,  -after  the  Ratification  of  this  Act :  And  for  defraying  the  faid  Expence, 
the  CommifTioncrs  hereafter  named,  are  hereby  authorized  and  impowered,  to 
lay  a  Tax  or  Levy  on  each  Taxable  in  the  faid  Town,  for  paying  the  faid  Charge, 
not  exceeding  the  Sum  of  Two  Shillings  and  Eight  Fence,  Proclamation  Money, 
Yearly. 


Wiij  be  i*ii. 


p«f«M  rf fufing       IV.  AN D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  of  the' 
^  py  ')"=  Tax,  Inhabitants  of  the  faid  Town  of  Bath,  or  any  other  Perfon  or  Perfons  holding  or 
polTcfling  Lots  therein,  fhall  negleft  or  refufe  to  pay  the  faid  Tax  or  Levy,  fo 
laid  by  the  Commiflioners,  as  aforefaid,  that  then,  and  in  fuch  Cafe,  the  Commif- 
fionqs  for  th?  Time  being,  or  the  Majority  of  them,  are  hereby  impowered  to 

fuc' 


LAWS    c'/    North-Carolina.  209 


fue  for  and  tccavex  the  fame,  by  Warrant  from  any  Juftice  of  the  Peace  for  the    ^^^  ^    '"+5 
County  of  Beaufort.  -^ 

y.  AND  he  it  further  Enafrcd,  by  the  Authority  aforefaid.  That  if  any  Per-  ^^'^^^"^he  fi"^ 
fonor'Perfons  fhall  pull  down,  take  away,  or  by  any  Means  deftroy  any  of  the  for  the  firdOf- 
Rails  of  the  laid  Fence,  or  any  Part  thereof,  and  HialJ  be  therof  lawfully  convift-  ^^^^'Z  fc.'S 
ed,  by  the  Oath  of  one  credible  Wifnefs,  before  one  or  more  Juftices  of  the  fecond,  40s. 
Peace,  he,  (he,  or  they,  fo  olftnding,  lliall  forfeit  and  pay,  into  the  Hands  of 
the  Commifiioners,  for  the  firll  Offence,  the  Sum  of  Twenty  Shillings,  Procla- 
mation Money  -,  and  for  the'  fecond  Offence,  being  thereof  lawfully  convicted, 
as  aforefaid,  the  Sum  of  Forty  Shillings,  Proclamation  Money  ;  to  be  recovered, 
by  the  Commifiioners,  by  a  Warrant  from  Two  Juftices  of  the  Peace  :  Which 
Money  fo  by  them  recovered,  fhall  be  by  them  applied  towards  repairing  the  faid 
Fence.  •  * 

VL  AND  forafmuch  as  the  Inhabitants  of  the  faid  Town  know  not  exa6tly  JSJeVot!" If r!- 
the  Bounds  of  their  feveral  and  refpeftive  Lots  j  to  prevent  Difputes  for  the'fii-  furvey theTown. 
ture.  Be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Commifiioners 
hereafter  named,  or  the  Majority  of  them,  are  hereby  required  and  impowercd, 
to  employ  the  Surveyor-General,  or  his  Deputy,  to  re-furvey  the  faid  Town,  as 
near  as  pofiible  to  the  old  Plan,  that  no  Perfon  may  be  damaged  thereby  j  and 
the  CommiiTioners  are  hereby  impowered  to  lay  a  Tax  or  Levy  on  each  Lot,  not 
exceeding  Two  Shillings  and  Eight  Pence,  Proclamation  Money,  to  pay  the  Ex- 
pence  of  furveying  the  fame  -,  which  Money  fhall  be  paid,  by  the  Owners  of  the 
faid  Lot  or  Lots,  into  the  Hands  of  the  CommifTioners :  And  every  Owner  or 
Owners  of  fuch  Lot  or  Lots  fo  furveyed,  are  hereby  obliged  to  fct  up  Pofls  or 
Stones  for  Land-Marks,  in  Prefence  of  fome  of  the  Commifiioners,  at  the  Time  of 
furvcrying  the  fame,  under  the  Penalty  of  Forty  Shillings,  Proclamation  Money  , 
to  be  recovered  and  applied  in  the  fame  Manner  as  other  Fines  iri  this  A6t  are  be- 
fore direded  to  be  recovered  and  applied. 

VII.  A  N  D  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  the  Common  Common  to  Sa 
belonging  to  the  faid  Town  be  alfo  furveyed,  at  the  Expence  of  the  Inhabitants  of  Expence'of^  Ihs 
the  (aid  Town  ;  and  that  proper  Land-Marks  be  fet  on  the  Bounds  of  the  fame,  inhabitants. 
that  Perfons  may  know  where  the  fame  are,  and  not  commit  Trefpafs  on  the 

Lands  adjoining. 

VIII.  A  N  B  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  the  Inha-  inhabitants  ex- 
bitants  of  Bath-Tozvn,  be,  and  are  hereby  exempted  from  working  on  the  Public  h^^on "the  Roads* 
Roads  •,  provided  that  the  faid  Inhabitants  keep  the  Town  incloTed,  in  Manner 
aforefaid,  and  their  Streets  and  Lots  clear  of  all  Incumbrances  whatfoever. 

IX.  AND  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  all  Perfons  P"''""' m^y 'm- 
which  have,  or  which  hereafter  fhall  take  up  any  of  the  Front  or  V/ater  Lots  in  ^™^* 

the  faid  Town,  are  hereby  impowered  to  improve  the  fame,  by  building  and 
erecting  Warehoufcs  and  Stores,  or  other  Buildings,  as  to  them  fhall  be  moft  con- 
venient, for  carrying  on  their  Trade  and  Commerce. 

X-  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  Capt.  Mi-  comm-moncri 
chael  Coutanch,  Col.  Benjamin  Peyton,  Mr.  John  Rieuffett,  Mr.  Robert  Boyd,  "PP'^'n^'^'*' 
and  Mr.  Daniel  Blinn,  be,  and  are  hereby  appointed  Commifiioners  for  the  (aid 
Town  of  Bath,  with  Power  and  Authority  to  fue  for  and  recover,  of  and  from 
any  Perfon  or  Perfons  who  fhall  refufe  to  pay,  their  proportionable  Part  of  the 
Charges  arifing  and  becoming  due  for  any  of  the  Purpofes  aforefaid  ;  and  on 
Death  or  Removal  of  any  of  the  above  Commifiioners,  the  Majority  of  the  Com- 

G  g  g  mif- 


■II T  TMI  <M^t^ 


2IO  LAWS      of     N  O  RT  H  -C  ARO  L  I  N  A. 


A.  D.  1745.    miflioners  fhall    choofe  others  in  the  Room  and  Stead  of  thofe  fo  dying  or 
removing. 


"V- 


CHAP.     XII. 

A^  ABj  to  encourage  Perfons  to  fettle  in  the  Town  of  Brunfwick,  on  the 

South  weft  Side  of  Cape -Fear  Riwr. 

Presmbie.  ^- WT  H  E R E  A S  M?«nVf  Moore,  late  of  Cape-Fear,  Efq-,  deceafed,  ap- 

yy  propriated  and  laid  out  a  certain  Parcel  of  Land,  containing  Three 
Hundred  and  Twenty  Acres,  on  the  SGiUhwefi  Si(te  of  Ccpe-F^nr,  for  a  Town, 
and  Common,  for  the  Ufe  of  the  Inhabitants  of  the  faid  Town  ;  which  faid  Town 
is  called  Brunfwick  ;  arl'd  the  Honourable  Rcger  Moore,  Efq^  to  make  the  faid 
Town  more  regular,  added  another  Parcel  of  Land  to  the  faid  Town,  and  a  great 
Part  of  the  faid  Lands  v/as  laid  out  into  Lots,  of  Half  an  Acre  each,  many  of 
which  are  taken  up,  and  good  Houfes  built  thereon,  and  proper  Places  were  ap- 
pointed and  given,  by  the  faid  Maurice  Moore,  for  a  Church,  Court-houfe,  and 
Burial-Place,  Market- houfe,  and  other  Public  Buildings :  And  whereas,  by  Rea- 
fon  of  the  Death  of  the  faid  Maurice  Mcore,  and  of  John  Forter,  oi  Cape-Fear, 
Efq;  who  claimed  to  hold  Part  of  the  faid  Lands  laid  out  for  a  Tcwn,  by  Grant 
from  the  faid  Maurice  Moore,  it  is  not.  certainly  known  to  whom  the  faid  Lands 
belong,  fo  that  fure  Titles  may  be  had  to  the  Lots  as  yet  unfold,  which  is  a  great 
Difcouragement  to  the  fettling  the  faid  Town :  And  whereas  the  Trade  of  Cape- 
Fear  River  confiUs  in  Naval  Stores,  Rice,  and  Lumber,  Commodities  of  great 
Bulk  and  fmall  Value,  all  due  Encouragement  ought  to  be  given  to  large  Ships 
to  come  into  the  faid  River,  to  take  off  the  faid  Commodities ;  and  as  all  large 
Ships  which  come  into  the  faid  River,  are  obliged  to  lie  at  Brunfwick,  and  that 
Town,  for  V/ant  of  a  fufficient  Number  of  Inhabitants,  and  by  Reafon  of  the 
eafy  Navigation  thereunto,  is  much  expofcd  to  the  Invafion  of  Foreign  Enernies 
in  Time  of  War,  and  Pirates,  in  Time  of  Peace,  nothing  can  be  a  greater  En- 
couragement to  Ships  to  come  there,  than  a  Certainly  of  being  well  fupplied  with 
Neceffaries,  and  well  fecured,  during  the  Time  they  lie  there,  which  can  no 
Way  be  better  done,  than  'by  increafing  the  Number  of  the  Inhabitants  of  the 
faid  Town:  For  the  effecting  of  which,  and  remedying  the  Inconveniencies 
above  mentioned,  and  fettling  and  fccuring  the  Titles  to  the  fliid  Lots  in  the  faid 
Town ; 

« 

Town  intefled  in      II.  W  E  pray  your  Moft  Sacred  Majefty  that  it  may  be  Enaded,  And  he  it 
commifljoners.     £na5led,  by  his  Excellency  Gabriel  Joiinfton,  Efq;  Govern'^,  by  and  with  the 
Advice  and  Confent  of  his  Majefiys  Council,    and  ihe  General  Affembly  of  this 
■  Province,  a.ul  by  the  Authority  of  the  fame.  That  the  faid  Lands  appropriated 

and  laid  out  for  a  Town,  and  Common,  by  the  faid  Maurice  Mcore,  and  Rrger 
Moore,  be,  and  they  are  hereby  declared  to  be,  from  henceforward,  invefted  in 
the  Honourable  Edward  Mofely,  and  Roger  Moore,  Efqrs.  and  William  Bry^ 
John  JVright,  and  Richard  ^ince.  Merchants,  in  Fee,  to  and  for  the  Truft  and 
Purpofes  herein  after  mentioned,  and  their  Succeffors,  as  Com  miflioners  for  the 
faid  1  own  of  Brunfwick  -,  to  be  difpofed  of  in  Manner  and  Form  as  herein  after 
diredted. 

riT'"&I""oth«s      ^^^'  A^^  ^^  it  further  Enabled,  by  the  Authority  afore  faid.  That  on  the 

to'be  iho/w!  "'  Death  or  Departure  of  any  of  the  faid  CommilTioners  out  of  this  Province,  at  any 

Time  hereafter,  ■  the  remaining  Commifuoners,    or  the  Majority  of  them,  are 

hereby  fully  authorized  and  impowcrcd,  to  eled  and  choofe  fome  other  Perfon  or 

Perfons 


L  A  J'V  S     (?/"    North -Carolina.  211 


Perfojij  to  fucceed  I'uch  ComnnlTioner  or  Commiiiioners  fb  dying  or  departing,    ^-  ^-   '74S- 
as  aforefaid  ;  which  Perfon  or  Fcrfons  fo  ekded  or  chofcn,  Ihall  be,  and  they  «re  *"^      ''^ 
hereby  invefted  with  as  full  Power  and  Authority,  to  4II  Intents  and  x  urpofcs, 
as  if  they  had  been  particularly  named  in  tiiis  A6t. 

IV.  AND  belt  further  Enacted^  by  the  Authority  aforefaid.  That  the  Hon-  Treafurer  ap, 
curable  Roger  Moore^  Efq-   fhall  be  Treafurcr  and  Receiver  of  all  the  Monies  '"'^"'^ ' 
arifing,  or  to  arife,  by  the  Sale  of  the  faid  Lots  •,  and  on  his  Death,  or  Departure 

out  or  this  Province,  then  the  Majority  of  the  Commiffioners  to  choofe  another, 

he  giving  Security,  to  the  faid  Commiffioners,  that  he  will  be  accountable  for  all  < 

the  i.Ionies  which  he  Ihall  receive  for  the  faid  Lots. 

V.  AND  be  it  further  Enacted^  by  the  Authority  afore faid^    That  the    faid  comm:moners  to 

Towa 
and 


CommiiTioners,  or  any  Three  of  them,  as  foon  as  they  conveniently  can,  fhall  layout  the 
lay  out  fo  much  ot  the  faid  Lands,  fronting  the  River,  for  a  Town,  into  Lots  stlxets/" 
of  Half  an  Acre  each,  with  convenient  Streets  and  PafTages,  as  they  fuall  think 
fufficient,  and  the  Remainder  thereof  not  laid  out  into  Lots,  Ihall  be,  and  it  is 
hereby  declared  to  be  a  Common,  for  the  Public  Ufe  of  the  Inhabitants  of  the 
faid  Town  ;  a  Plan  of  which  Town  and  Common,  the  CommifTioners  fhall  record 
in  the  Secretary's  Office  j  by  which  Plan  fo  recorded,  all  Difputes  hereafter  con- 
cerning the  Lots,  Streets,  and  Paffages  of  the  faid  Town,  and  alfo  the  Com- 
mon, fhall  be  decided.     . 

VI.  AN D  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  if  the  faid  To  layout  pro- 
Commiffioners,  or  the  Majority  of  them,  fhall  think  the  Places  already  laid  out  chuKhT  Budai! 
for  a  Church,  Burial-place,  Market-houfe,  and  other  Public  Buildings,  not  con-  ?'»«,  fcc 
vcnient  for  the  faid  Ufes,  that  then  the  faid  Commiffioners,  or  the  Majority  of 
them,  fhall  lay  out  and  appropriate  fuch  other  Places  for  the  Ufes  aforefaid,  as 
they  fhall  think  moft  convenient. 

* 

VIT.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  every  Per-  To  convey  Lots 
fon  who  is  willing  or  defirous  to  be  an  Inhabitant  of  the  faid  Town,  fhall  have  on  p'ment  "of 
Liberty  to  take  up  any  Lot  or  Lots  fo  laid  out  as  aforefaid,  and  not  before  taken  3  L 
up,  paying  unto  the  Treafurer  or  Receiver  for  the  Time  being,  the  Sum  of  Three 
Pounds,  Proclamation  Ivioney  -,  which  Lot  or  Lots  the  Commiffioners  aforefaid, 
or  any  Three  of  them,  are  hereby  required,  dirccled,  and  impowered,  to  grant 
and  convey  to  the  Perfon  fo  taking  up  the  fame,  and  to  his  Heirs  and  Affigns, 
for  ever ;  Forty  Shillings  whereof  fhall  be  paid,  by  the  faid  Treafurer,   to  fuch 
Perfon  or  Perfbns,  his  or  their  Heirs,  who  hath  the  Title  to  the  faid  Lands, 
and  Twenty  Shillings,  Remainder  thereof,  to  the  Churchwardens  of  St.  Phili/s 
Parilh,  in  Neiio-Hano-oer  County  j  to  be  difpofed  of  as  the  Veflry  of  the  faid  Pa- 
rifh  fxiall  di/ecft. 

VIII.  P  ROV  ID  ED  dvjay:.  That  if  any  Perfon  fliall  take  up  or  purchafe  L""  ^°  bef«ej 
any  Lot,  irt  Manner  as  before  directed,  and  fhall  not  build  thereon,  within  Two  fbifdud.""'  *" 
Years  after  the  Date  of  the  Conveyance  for  the  faid  Lot,  a  good  fubftantial  habi- 
table Houfe,  of  the  Dimenfions  of  Twenty  Feet  long,  and  Sixteen  Feet  wide, 

without  Shed,  or  make  fuch  Preparation  for  fo  doing  as  the  Commiffioners,  or 
die  Majority  ot  them,  fliall  judge  reafonable,  then  every  fuch  Conveyance  fhall 
be  null  and  void,  to  all  Intents  and  Purpofes,  as  if  the  fame  had  never  been 
made  -,  and  any  other  Perfon  or  Perfons  fhall  have  free  Liberty  to  take  up  the 
faid  Lot  or  Lots,  in  the  fame  Manner  as  before  is  diredled,  as  if  the  fame  had 
'  never  been  before  taken  up. 

IX.  AND  be  it  further  EnaEled,  hy  the  Authority  aforefaid.  That  all  Money  Monr 
•rifing  by  fuch  Second  or  other  Sale  of  the  faid  Lot  or  Lots,  fhall  be  paid,  by  ^^''^  * 

the 


212  Z/^/iT^o/'    North-Carolina. 

A.  D.  1-45.    ji^e  Treafurer  or  Receiver,  to  the  Churchwardens  of  St.  Philip's  Parifh  aforefaid, 
1 V '  to  be  difpofed  of  as  the  Vcftry  of  the  faid  Parilli  fnall  direct. 

Lots,  to  be  paid  ^ 

to  the  Parift. 

Commiffioner.  to      X.  JND  be  it  further  Ena^ed^  by  the  Authority  aforefaid.  That  the  Commif- 

feii  one  Lot,  to  fxoners,  or  the  Majority  of  them,  fliall  have  full  Power  and  Authority,  and  they 

feneJ  of  bying  are  hereby  authorized  and  impowered,  to  fell  and  convey,  in  Manner  aforefaid, 

out  the  Town.    ^^^  qj.  j^^Qj-g  of  the  faid  Lots,  as  they  fhall  find  neceflary  •,  and  apply  the  Money 

arifing  by  the  Sale  of  the  faid  Lots,  to  defray  the  Charges  they  Ihall  be  at  in  fur- 

veying  and  laying  out  the  faid  Lots,  and  Common,  and   making  and  recording 

the  Plan  thereof. 

What  ftaii  be  a       XI.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  every  Per- 

good  Title  to     fon  who  is  now  feized  and  poflefled  ot  any  Lot,  and  hath,  by  himfelf,  or  thole 

Owner"'''cannot''  Under  whom  lie  claims,  been  fo  feized  or  poffelTed  for  Seven  Years,  laft  pad,  and 

prove  it.  cannot  produce  any  Title  to  the  fame,  fhall  make  it  appear  to  the  Commiflioners, 

or  the  Majority  of  them,  that  he  purchafed  the  faid  Lots,  bona  fide  •,  and  if  the 

faid  Commiflioners,  or  the  Majority  of  them,  fliall  be  fatisfied  that  he  purchafed 

the  faid  Lots,  bona  fide,  then  they  fliall  give  him  a  Certificate  thereof,  under 

their  Hands  and  Seals :  Which  Certificate,  being  regiftred  in  the  Regifter's  Office 

of  New -Hanover  County,  fliall  be  a  fuificient  Title  againfl  all  I'itles  bearing 

Date  after  the  Ratification  of  this  A(5l ;  and  where  any  Lot  doth  belong  to  any 

Perfon  deceafed,  his  Executors  or  Adminiltrators  lliall  have  the  fame  Liberty  or 

Privilege. 

lots  not  difpos'd       XII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Per- 
ot by  Proprietors,  fy[-j  Qj.  Perfons,  pofTelfed  of  any  of  the  faid  Lots,  die  without  Heirs,  or  fhall  not 
CommlfTioBcrs.  ^  make  Difpofition  thereof  by  Will,  or  otherwife,  then,  and  in  fuch  Cafe,  the  faid 
Lot  or  Lots  fhall  revert  to  the  faid  CommifTioners ;  and  lliall  be  fold  by  the 
CommilTioners  aforefaid,  for  as  much  as  they  can  get ;  and  the  Money  arifing  by 
fuch  Sale,  fhall  be  difpofed  of  by  them  for  the  Ufe  of  the  faid  Town. 

Veftri.s  to  be        XIII.  AND  for  the  better  Encouragement  of  Perfons  to  fettle  in  the  faid 
held  ift  town.     Xown,  Be  it  Enabled,  by  the  Authority  aforefaid.  That  from  and  after  the  Rati- 
fication of  this  A61,  all  Veftries  for  the  faid  Parifh,  fliall  be  made  and  held  in  the 
Town  of  Brunfwick,  and  at  no  other  Place  whatfoever. 


Church    to    be 


XIV.  A  N  D  be  it  further  Enabled,    by  the  Authority  aforefaid.   That   the 
fcuiu  in  Town?    Church  for  St.  Philif%  aforefaid,  fhall  be  built  in  the  faid  Tov/n  of  BrmfiibicL 

Commiflioners  to      XV.  A  N  T>  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Com- 
removcNiifances.  niiffioners  aforcfald,  or  any  Three  of  them,  fhall  have  full  Power  and  Authority, 
0°  done  with*    and  they  are  hereby  authorized  and  impowered,  to  remove  iill  Nufances,  or  what 
Pofts and  Rails,    they  fhall  judge  Nufances,  within  the  Limits  of  the  faid  Town,  and  fhall  "not 
fuffer  any  Perfon,  Owner  of  any  Lot  or  Lots  in  the  faid  Town,  to  inclofe  the 
fame  with  a  Common  Stake  or  Worm  Fence  ;  but  every  Perfon  who  tvill  inclofe 
a  Lot  or  Lots,  fhall  inclofe  the  fame  with  Pales,  or  Pofts  and  Rails  fet  up  ;  and 
if  any  Perfon  or  I'erfons,  after  Notice  given,  fhall  not  take  away  and  remove 
fuch  Stake  or  Worm  Fence,  then,  and  in  fuch  Cafe,  the  faid  CommifTioners,  or 
any  Three  of  them,  fhall  order  the  fame  to  be  taken  away,  at  the  Cofls  and 
Charges  of  the  Perfon  who  is  in  PofTefllon  of  the  faid  Lot  or  Lots :  And  if  the 
PolTefTor  refufes  to  pay  for  the  fame,  then  any  Three  of  the  CommifTioners  afore- 
faid, are  hereby  impowered  and  authorized  to  grant  a  Warrant,    under  their 
Hands  and  Seals,  directed  to  the  Conftable  of  the  faid  Town,  to  levy  the  fame, 
by  Diftrefs  and  Sale  of  the  Offenders  Goods,  returning  the  Overplus  to  the  Ow- 
■    ner  ;  and  the  laid  Conftable  is  hereby  required  to  execute  the  faid  Vv^arrant. 

XVI.  AND 


^ ~  ■  11  •  t 

L    A    J'F    S      O/"     N  O  R  T  H  -  C  A  R  O  L   I  N  A.  O'  I  "J 

^.  D.    ,74,. 

XVI.  AND  be  it  further  EnaEfed,    hy  the  Authority  aforefaidy  That  all  and  "; — "v ^ 

every  Perfon  and  Ferfons,  rolTcfibrs  or  Owners  of  any  Lot  or  Lots  in  the  faid  l\Z''V.\r  'Lu 
Town,  Ihall,  within  One  Year  after  the  Ratification  of  this  Ad,  clear  all  and  ^^""*'''^  *  y.ar, 
every  fuch  Lot  and  Lots  by  them  held  or  poirefled,  of  all  Wood,  Underwood, 

Brufli,  or  Grubbs,  growing,  (landing,  or  being  on  the  faid  Lois. 

XVII.  AND  he  it  further  Enacted,  hy  the  Authority  afore  faid.    That  if  any  if  they  negieft 
Perfon  or  Perfons,  Poffeffor  or  Owner  of  any  Lot  or  Lots  in  the  faid  Town,  commTif,»n!'r',To 
fliall  omit  or  negledt  to  clear  the  fame,  as  above  direded,  within  the  Time  above  ^^^^  '*  "J^n^,  « 
limited,  and  keep  and  maintain  the  fame  fo  cleared,  then,  and  in   fuch  Cafe,  the  chl'rge"''^""' 
Commiflioncrs,  or  any  Three  of  them,  fhall  caufe  the  fame  to  be  cleared,  at  the 

Cofts  and  Charges  of  the  Party  offending  ;  and  if  the  Party  fo  offending,  Ihall, 
upon  Demand  made,  refufe  to  pay  fuch  Sum  or  Sums  as  the  Commifiioners,  or 
any  Three  of  them,  Ihall  order,  for  clearing  the  fame,  then  the  fiid  Com.mif- 
fioners,  or  any  Three  of  them,  fliall  ilTue  a  Warrant,  under  their  Hands  and 
Seals,  to  the  Confiable  of  the  faid  Town,  to  levy  the  fame,  by  Diftrefs,  and 
Sale  of  the  Offender's  Goods,  retuining  the  Overplus,  after  all  Charges  are  paid. 

XVIII.  A  NT)  he  it  further  EnaEied,  hy  the  Authority  aforcfaid.  That  if  at  Oi-Jin^ykeeper* 
any  Time,  after  Twenty  Days  after  the  Ratification  of  this  Aa,  any  Tavern-  phng°inThc?' 
keeper.  Ordinary-keeper,  or  any  other  Perfon  or  Perfons  whatfoever,  felling  "^"^"  ^"  **>= 
Liquor,  or  keeping  a  Public  Houfe  in  the  faid  Town,  fliall  fufier  any  Perfon  or  S'.ot' ""  ^'"" 
Perfons  whatfoever  to  fit  tippling  or  drinking  in  his  Houfe,  in  Time  of  Divine  . 
Service  on  the  Sabbath  Day,  or  ihall  fuffer  any  Perfon  or  Perfons  to  get  drunk 

in  his  Houfe  on  the  Sabbath,  fuch  Perfon  or  Perfons  fo  offending,  fhall  forfeit 
and  pay,  for  every  fuch  Offence,  the  Sum  of  Ten  Shillings,  Proclamation 
Money. 

XIX.  AND  be  it  further  Ena  51  ed,  hy  the  Authority  afore  faid.  That  if  any  Not  to  truft  Sai- 
Perfon  or  Perfons  whatfoever,  in  the  faid  Town,  fhall,  one  Month  after  the  Ra-  g^  on°Pen.%'f 
tification  of  this  Acf,  on  any  Pretence  whatfoever,  give  Credit,  Loan,  or  Trufl,  '"fi'-s  =>'!  above 
to  any  Mariner  or  Seaman,  belonging  to,  or  under  the  Command  of  the  Com-  *'''''^^""' 
mander  or  Mafter  of  any  VefTel,  that  now  is,  or  fhall  at  any  Time  hereafter,  ar- 
rive at  Brunfwick,  above  the  Sum  of  Two  Shillings  and  Eight  Pence,  Proclama- 
tion Money,  except  by  the  Leave  or  Licence  of  the  Mafter  or  Commander  of 

the  VefTel  he  belongs  to,  or  where  fuch  Sailor  or  Mariner  fhall  have  left  the  Ship 
or  VefTel  to  apply  to  the  Courts  of  Juflice,  in  any  Difpute  or  Controverfy  with 
the  Captain  or  Commander  of  fuch  Ship  or  VefTel ;  that  then,  and  in  fuch  Cafe, 
he,  fhe,  or  they,  fhall,  for  every  fuch  Default,  lofe  all  the  Monies  and  Goods 
fo  trufted  or  credited. 

XX.  AND  he  it  further  EnaHed,   by  the  Authority  aforefaid.  That  if  any  n«  Perfon  to 
Perfon  or  Perfons   whatfoever  fhall,  willingly  and  knowingly,  entertain,  retain,  ^^^Xn  ll\Ttl 
harbour,  or  keep,  or  fhall,  diredly  or  indiredlly,  fuffer  to  be  entertained,  re-  onPcn.  cf'4o«. 
tained,  harboured,  or  kept,  any  Seaman  or  Mariner,  belonging  to  any  VefTel 
afprefaid,    in  his,  her,  or  their  Houfe  or  Houfes,   exceeding  the  Space  of  Six 

Hours,  without  the  Privity  and  Confent  of  his  or  their  Mafter  or  Commander, 
or  one  Hour  after,  againfl  the  Confent  of  the  Mafler  or  Commander,  (except  as 
in  the  Cafe  before  excepted,)  he,  flie,  or  they,  fo  offending,  fhall  forfeit  and 
pay  the  Sum  of  Forty  Shillings,  Proclamation  Money,  for  every  fuch  Offence. 

XXI.  AND  he  it  further  EnaEled,  hy  the  Authority  aforefaid.  That  if  any  Ordinarykeepers 
Perfon  who  keeps  a  Public  Houfe,  fnall,  after  the  Ratification  of  this  Ad,  en-  s"nor^t''N,ght!; 
tertain,  retain,  harbour,  or  keep,  or  fuffer  to  be  entertained,  retained,  har-  '^^^'^^'  oi  joj. 
boured,  or  kept,  any  Seaman  or  Mariner,  belonging  to  any  Veffel  as  aforefaid, 

H  h  h  after 


214  LAWS    o/'    North-Carolina. 

A  D.  1745^  after  Eight  of  the  Clock,  in  the  Winter,  at  Night,  and  Nine  of  the  Clock,  in  the 
""V  Summer,  at  Night,  except  the  Seaman  or  Mariner  hath  Leave  from  his  Mafter 

or  Commander,  in  Writing,  to  be  on  Shore,  (except  as  in  the  Cafe  before  ex- 
cepted,) he  or  flie  fo  offending,  lliall  forfeit  and  pay  the  Sum  of  Ten  ShilHngs, 
Proclamation  Money,  for  every  fuch  Offence. 

Tins  Aa  to  be  XXII.  A  N  D  be  it  further  EnaEled^  by  the  Authority  aforefaid.  That  in  Cafe 
Snft"an;'fhing  any  Pcrfon  or  Perfons  whatfoever  fhall  be  fued  or  molefted  for  any  Thing  done 
done  in  Con-  in  the  Execution  of  this  Ad:,  he,  fhe,  or  they,  fhall  and  may  plead  the  General 
tempt  of  it.  j^^^^  ^^^  g-^g  jj^jg  ^^  -jj  Evidence  j  and  the  Judge  or  Judges  fhall  allow 
thereof. 


ttcoverable. 


Penalties  appro-  XXIII.  A  N  D  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  all  Pe- 
priated,apdhow  nalties  and  Forfeitures  by  this  Ad:  made  and  impofed,  fliall  be,  one  Half  to  the 
Veflry  and  Churchwardens  of  St.  Philip'^  Parifh  aforefaid,  and  the  other  Half  to 
him  or  them  who  will  fue  for  the  fame  •,  to  be  recovered  by  a  Warrant  from 
any  one  Juftice,  if  the  Sum  doth  not  exceed  Twenty  Shillings,  Proclamation 
Money ;  and  if  the  Penalty  or  Forfeiture  exceed  that  Sum,  then  by  a  Warrant 
from  any  Two  Juftices* 

SIGNED  by 

Gabriel  Johnston,  Efq}  Governon 

Nathaniel  Rice,  Prefident. 

Samuel  Swann,  Speaker. 


J?' 


Anno 


L  A  IV  S    cf    North-Carolina.  215 


yi.  D.   1746. 
w ^ ^ 


Anno  Regni 

G  E  O  R  G  1 1   IL 

Regis,  Magnce  Britanniie,  Franci^e,  & 
Hiberm^,  Viceffimo. 


At    a   General   ASSEMBLY,    held    at   Newherf^.    the  gabrhi 

,  /-••»/-  JOHNSTON, 

Twenty  Eighth  Day  of  J&^^e,  in  the  Year  of  our  Lord  ^^'^i  Governor. 
One  Thoufand    Seven  Hundred   and  Forty  Six. 


CHAP.     I. 

yin  A5t^  for  the  better  Regulating  the  Militia  of  this  Government, 

I.  TTT  HE  RE  AS  the  Safety  of  this,  as  well  as  all  other  well  governed  »'r"mM., 

Vy     Colonies,    greatly    depends   upon  the   well    Regulating   the   Militia 
thereof : 

II.  W  E  pray  your  Moft  Sacred  Majefty  that  it  may  be  Enaded,  yind  he  it  JJ'^'^j^  ^Pe"""* 
Ena^led^  by  his  Excellency  Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  from  16  Years"o/ 
Advice  and  Confent  of  his  Majefifs  Council  and  the  General  Affembly  of  this  ^^l^^J°Ji^^^ 
Province,  and  b^  the  Authority  of  the  fame.  That  from  henceforward,  the  tains  to  return  a 
Militia  of  this  Government  fliall  confift  of  all  the  Freemen  and  Servants  within  pl'l- 1*!^!!^!,. 
the  lame,  between  the  Age  of  Sixteen  Years,  and  Sixty;  and  the  feveral  Captains  Coionei,  on  i'sn. 
of  the  Militia  in  this  Province,  Ihall,  within  Four  Months  next  after  the  Publi-  °'  '"'• 
cation  of  this  A6t,  take  the  Lift  of  the  Names  of  all  fuch  Freemen  and  Servants, 

within  the  Diftrids  of  which  their  feveral  Companies  Ihall  confift,  and  return  a 
Coppy  thereof  to  the  Colonel  of  the  Regiment,  under  the  Penalty  of  Ten  Pounds, 
Proclamation  Money  ;  to  be  levied  by  a  Warrant  from  fuch  Colonel,  to  be  ap- 
plied as  herein  after  is  direded. 

III.  AND  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  when  fuch  g^^^^J^',''* 
Lifts  are  taken  as  aforefaid,  the  faid  Captain  fliall,  once  every  Year,  from  hence-  year,  under  the 
forward,  viz.  in  the  Month  of  Otloher,  take  new  Lifts  of  all  the  'Freemen  and  ''k"^  v^^^^^^. 
Servants  in  their  faid  feveral  Diftrids,  and  return  Copies  thereof,  as  before  di- 

refted,  under  the  like  Penalty  of  Ten  Founds  5  to  be  levied  and  applied  as  here- 
after in  this  Aa  is  direfted,  IV.  AND 


r-1  rrrr.  ■  m  ,mAa\itJmmtmit^iim^^tiim^liat0mm 


216  LAWS     (?/'    North-Carolina. 

Ill''  .  ft     I  ■        ,  ,  ^ 

A.  D.    1746. 

\ .^— ->       jy_  JJSfD  be  it  further  Enacted^  by  the  Authority  aforefaidy  That  any  Perfoa 

Sufing  fo'^ap"!  or  Perfons,  after  having  been  fo  inlifted,  who  Ihall,  at  any  Time  hereafter,  (un- 
pear  with  Arms  Jefs  rendered  incapable  by  Sicknefs  or  Accident,)  fail  or  refufe,  on  ffotice  given, 
on*!  t^^pTy^s's'  to  appear,  -at  fuch  Times  and  Places  within  the  County,  as  fhall,  from  Time  to 
4d.ani2s.  8d.  Ximc,  be  appointed,  by  the  Colonel  or  Commanding  Officer  of  the  Regiment 
-.vkhsurArml     to  which  he  belongs,  for  that  Purpofe,  there  to  be  muftered,  trained,  and  exer- 
cifed  in  Arms,  or  that   fliall   not,  at  fuch  Times  and  Places,  be  well  provided 
with  a  Gun,  fit  for  Service,  a  Cartouch  Box,  and  a  Sword,  Cutlafs,  or  Hanger, 
and  at  leaft  Twelve  Charges  of  Powder  and  Ball,  or  Swan  Shot,  and  Six  fpare 
Flints,  lliall  forfeit  and  pay,  for  his  Non-appearance,  the  Sum  of  Five  Shillings 
and  Four  Pence^  Proclamation  Money  ;  and  in  Cafe  they  do  appear,  they  fliall 
forfeit  and  pay  Two  Shillings  and  Eight  Pence,  like  Money,  for  Want  of  any 
Strjpsnt  to  levy  of  the  Arms,  Accoutrements,  or  Ammunition,  as  aforefaid  •,  to,  be  levied  by  a 
b^ve^'aV.  fo"r  ki^  Warrant  from  the  Captain  of  the  Company,  direfted  to  the  Serjeant  of  the  fame. 
Fee;  and  liable  ^ff\yQ  jQiall  make  Rctum  thereof  to  the  Captain  -,  which  Serjeant  Ihall  be  paid  Two 
5°i.  f.fr  Jgi'eft-  Shillings,  Proclamation  Money,  by  the  Offender,  for  ferving  the  fame :  And  in 
ing  his  Dhty.       ^^fe  fuch  Serjeant  or  Serjeants  fliall  refufe  or  negled:  to  fcrve  any  Warrant  or 
Warrants  to  him  or  them  fo  directed,  he  or  they,  on  Refufal  or  Neglcdt  thereof, 
fliall  be  fined  Five  Pounds,  Proclamation  Money  j  to  be  recorered  by  a  War- 
rant from  the  Captain,  diredled  to  any  other  Serjeant,  under  the  fame  Penalty  ; 
to  be  applied  as  other  Fines  in  this  Aft  arc  direfted  and  appointed  :  Provided 
that  no  Perfon  fliall  incur  the  Penalty  for  appearing  in  tlie  Field  without  a  Car- 
touch  Box,  or  Cutlafs,  Sword,  or  Hanger,  until  the  Expiration  of  Six  Months, 
after  the  Ratification  of  this  Ad. 

Perfons  ««mpte4  V.  PROVIDED  always.  That  no  Minlfter  of  the  Church  of  England^ ' 
frommuft«:nB.  ^^  Member  of  his  Majcfl:y's  Council,  no  Member  of  Afi^embly,  Secretary,  At- 
torney-General, pra6lifing  Attorney,  no  Man  who  has  been  a  Field-Officer,  or 
Captain  of  the  Militia  of  this  Province,  or  Commiffioned  Officers  which  have 
ferved  in  the  Army,  no  Juflice  of  the  Peace,  no  pradtifing  Phyfician  or  Chirur- 
geon,  no  Clerks  of  the  Courts  of  Juflice,  no  Perfons  tending  Public  Mills,  or 
Ferries,  fliall  be  obliged  to  inlift  themfclves,  or  attend  fuch  Mufl:ers,  as  aforefaid. 

In  Cafe  of  an  In.       VI.  AND  bc  it  EnuHedy  by  the  Authority  aforefaid.  That  in  Cafe  of  any  In- 
Tafion,    Perf.ns  vafion  of  this  Provincc,  or  Expedition  to  be  carried  on  againft  an  Enemy  within 
pea"  "with  Armi  the  Provlncc,  it  fliall  and  may  be  lawful  for  the  Governor  or  Cammandcr  in 
and  Ammunition  Chief,  to  raifc  all,  or  fo  many  of  the  Forces  of  this  Government,  as  he  fliall 
the  coMtry,  Iq  think  neccflliry,  for  oppofing  the  faid  Invafion,  or  fupporting  the  faid  Expedi- 
foifeit  10 1.        |.Jqj^  ^  2nd  any  Perfon  whatfoever,  who  fliall  reiufe  or  negleft,   on  Notice  or 
Alarm  given,  to  appear  at  fuch  Times  and  Places  as  fliall  be  appointed  by  his 
Captain;  or  other  Officer,    with  Arms,    Ammunition,  and  Accoutrements,    as 
aforefaid,  or  fliall  refufe  to  march  againft  the  Enemy  where  commanded,  within, 
this  Province,  or  refufe  any  other  Duty  the  Defence  of  the  Country  may  require, 
fhall  forfeit  and  pay,  for  cither  of  the  faid  Offences,  Ten  Pounds,  Proclamation 
Money  ;  to  be  levied  by  a  Warrant  from  the  Colonel  or  Commanding  Officer 
for  that  Service :  And  that  the  refpedive  Officers  to  whom  fuch  Invafion  fliall 
be  firft  made  known,  are  hereby  authorized  to  command  and  order  the  Men  un- 
der their  Command,  to  mount  Guard,  march  againft  the  Enemy,  and  do  any 
other  Duty  as  the  Defence  of  the  Country  may  require,  and  continue  the  Alarm 
until  the  fame  is  made  known  to  their  fuperiour  Officers. 

,  In  Cafe  of  any  VII.  A  N  D  bc  it  fw'thcr  EnaEle.d,  by  the  Authority  aforefaid.  That  in  Cafe  of 
\Hh°lts!"th.  ^"y  Invafion  of  the  Provinces  of  Virginia,  or  South-Carolina,  it  fliall  and  may  be 
Caroiha,  the  lawful  fot  the  Govemor  and  Commander  in  Chief  for  the  Time  being,  to  raife  fo 
Governor  taraife  ^.^^^^  ^^  ^j^^  Forccs  of  this  Government  as  fliall  be  thought  neceflTary,  to  give 

proper 


LAWS    of    Ho  rtu-Cako  Lin  A.  217 

proper  Releif  to  fuch  of  the  Provinces  aforcfaid  as  fhall  be  invaded,  and  to  march    ^-  ^-  ^/^s. 

them  to  their  Alliftance,  at  the  Expcnce  of  the  Province  defiring  fuch  Afliftance ;  *^— v ^ 

which  Number  of  Forces  fhall  be  draughted  out  of  the  feveral  Regiments  of  this  tTSxlVlT" 
Province,  and  each  Regiment  to  furnilh  a  proportionable  Number  of  Men,  fo  [hf  EnnTe"' of 
to  be  draughted  and  fent  to  the  neigjibouring  Colony.  the  fame!"" 

"VIII.  AND  he  it  further  Enacted,  by  the  Authority  af ore/aid.  That  the  re- 
fpeftive  Officers  of  the  Militia,  and  the  private  Men,  when  in  aftual  Service, 
fliall,  from  the  Day  they  are  ordered  on  Duty,  be  paid  according  to  the  Rates 
following  i  to  wit. 

Proclamation  Moneyj  /.     s.     d. 

A  Colonel,  p^r  Day,           -             -             -             -  -0126  Wages  of  the 

A  Lieutenant  Colonel,             ....  o     10     o  SnC"'" 

A  Major,             -             -             -             -             -  -oioo 

A  Captain,             -             -             -             -             -  -070 

An  Adjutant,             -             -.           -             -             -  076 

A  Lieutenant,   and  Chirurgeon,  each,              -             -  050 

An  Enfign,             ---             _             -             _  -046 

A  Serjeant,             -             -             -             -             -  -040 

A  Corporal,   and  Drummer,   each,             -             -  036 

Every  private  Man,             -             -             -             -  -030 

IX.  AN  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  if  any  Per-  provifionforHer- 
fon  Ihall  be  fo  difabled  in  the  Service  of  the  Country,  as  not  to  maintain  himfelf  f°."'  Jifabied  or 
or  pay  for  his  Cure,  he  ftiall  be  cured  at  the  Public  Charge,  and  have  one  good  vi  Jof  tVe  Coun' 
Negro  Man  purchafed  for,  and  given  to  him,  at  the  Charge  of  the  Public,  for  "y- 

his  Maintenance  -,  and  if  any  one  Ihall  be  killed,  the  Public  fhall  make  the  fame 
Provifion  for  his  Wife  or  Family, 

X.  AND  be  it  further  EnaEted,  by  the  Authority  aforefaid.  That  fuch  Perfons  Perfons  exempt^ 
who  by  this  Ad  are  exempt  from  enlifling  themfelves  or  appearing  at  Mufters,  ^imc  of dIV" 
fhall  be  ready,  at  any  Time  of  Danger,  (Sicknefs  or  Accident  always  excepted,)  with  Arms  jnd 
to  attend  the  Commands  of  the  Governor  or  Commander  in  Chief  for  the  Time  JZ^tte'ccm! 
being,  within  this  Province,  compleatly  furnifhed  with  Arms  and  Ammunition,  '"'"<*«  ^^  '^e 
as  aforefaid,  on  Penalty  of  Twenty  Pounds,  Proclamation  Money  ;  to  be  levied  vZ'7'^^X 
by  a  Warrant  from  the  Colonel,  dn-efted  to  the  Sheriff  of  the  faid  County,  who 

fhall  return  the  fame,  together  with  the  aforefaid  Fine,  under  the  Penalty  of  For- 
ty Pounds,  Proclamation  Money  ;  to  be  recovered  by  the  faid  Colonel,  by 
Aftion  of  Debt,  in  the  General  Court  of  this  Province. 


XI.  AND  be  it  EnaEled,   by  the  Authority   aforefaid.   That  if,  during  the  Soldiers  refufing 
Time  of  Muflcr,  any  Soldier  fhall  refill  his  lawful  Officer,  or  refufe  to  obey  his  'j;'Jd7o"f  ^^^^^ 
Jawful  Commands,  fuch  Soldier  fhall  be  punifhed,  at  the  Difcretion  of  the  Cap-  offic.'s"  to  be' 
tain,  with  the  Lieutenant  or  Enfign,  by  being  tied  Neck  and  Heels,  piquetted,  Ctuti^'or 
or  riding  the  Wooden  Horfe  :  And  if  any  Perfon,  upon  Duty,  during  the  Time  Defertion,  to  be 
of  any  Alarm,    Invafion,    or  Expedition   againft  the  Enemy,    fhall  defert  his  MaSir^"""" 
Colours,    or  be  mutinous,  it  fhall  and  may  be  lawful  for  one  Field-Officer,  or 
more.  Four  Captains,  Four  Lieutenants,  and  Three  Enfigns,  or  the  Majority  of 
them,  with  one  Field-Officer,  openly  to  hold  a  Court-Martial,  firfl  taking  the 
Oath  ufualy  taken  at  Court- Martials,  and  on  Tryal  and  Convidion,  to  punifh 
the  Offender  according  to  Martial  Law,  as  the  Nature  of  the  Crime  fhall  require  i 
and  for  Want  of  a  fufficient  Number  of  Officers  to  compofe  a  Court-Martial,  the 
Offender  fhall  be  kept  under  a  Guard  until  fuch  Time  as  there   be  a  fufficient 
Number  of  Officers  to  hold  a  Court-Martial  as  aforefaid. 

I  i  i  XII.  AND 


tt/emnanaam^ma^ 


218  LAWS     0/'    North-Carolina. 


ji.  D.    1746. 

V ^ i      ^jj^  J  JSi  D  he  it  further  Enacted,  by  the  Authority  nfcrefaid.  That  the  Cap- 

fd'J'be'  Tppula  tains  fhall  apply  all  Fines  received,  and  hereafter  to  be  received  by  them,  towards 

in  purchafing     purchafing  Drums,  Colours,  and  other  Implements   of  War,  or  Ammunition, 

Drun..,  Colours,  K^^  ^^^  ^^  ^^^  ^^^  ^f  ^.j^^  Compaoy  whereo4  he  is  Captain  •,  and  fliall  alio  ac:- 

count,  on  Oath,  once  every  Year,  with  the  Colonel  or  Commanding  Officer  of 

the  County,  for  all  fuch  Fines  received,  or  that  he  lliall  or  may  receive,  in  Vir- 

No  capfam  to    tue  of  this  Aft ;  and  that  no  Captain   fhall,  hereafter,  compound  for  any  Fine 

compound  tor  a-  hereafter  accruing  due,  under  the  Penalty  of  Ten  Pounds,  Proclamation  Money  ; 

'Jfo^'"" ''"''  to  be  recovered  by  a  Warrant  from  fuch  Colonel  or  Commanding  Officer,  as 

herein  before  direfted  j  and  fuch  Colonel  or  Commanding  Officer  fhall  make  a 

Report  thereof  to  the  Captain-General  or  Commander  in  Chief  for  the  Time 

being.  ,    . 

Colonel  of  every      XIII.  A  N  D  he    it  further  EnaEled,    hy  the  Authority  aforefaid^    That  the 
Regiment   to  ^^  Qoioncls  of  cach  and  every  Regiment  in  this  Province,  Iliall,  once  every  Year, 
Muftcr*  oncT"a  caufca  General  Mufttr  to  be  made  of  their  cefpeftive  Regiments,  at  fuch  Times 
b/'zoi""  ^*"'  and  Places  within  each  leveral  County,  as  they  fhall  think  proper  to  appoint; 
which,  if  any  of  them  fliall  negleft  or  refufe  to  do,  he  or  they  fo  otiending,  fhall 
forfeit  and  pay  the  Sum  of  Twenty  Pounds,  Proclamation  Money  •,  to  be  reco- 
vered by  a  Warrant  from   his  Excellency  the  Governor  or  Commander  in  Chief 
for  the  Time  being,  and  to  be  applied  to  the  Ufes  afore-mentioned  in  this  A6t. 

Cap fiins  to  muf-      XIV.  A  N  D  he  it  further  EnaSled,  That  every  Captain  of  a  Company  fliall,- 

ter  'heir^Cc»iipa^-  p^^^  I'imes  cvcty  Year,  at  fuch  Times  and  Places  within  their  feveral  Diftnfts, 

"  Year%n  Pc'n'.  as  their  refpcftivc  Coloncls  fhall  appoint,  mufter  their  Companies,  and  fee  that 

*^  ^  '*  every  Soldier  in  their  Company  be  furniffied  with  fuch  Arms,  Accoutrements, 

and  Ammunition,  as  by  this  Ad  is  before  direfted,  under  the  Penalty  of  Five 

Pounds,  Proclamation  Money  •,  to  be  levied  by  a  Warrant  from  the  Colonel  or 

Commanding  Officer  in  the  County,  and  to  be  applied  as  herein  before  is  diredted. 

Each  Company  t9  XV.  AND  he  it  further  Enacted^  That  each  and  every  Company  belonging 
vatl'MenrsSet  to  the  fcvcral  Regiments  within  this  Province,  ffiall  confift  of  Fifty  private  Men, 
j.ants  s'corpo-  Thrcc  Serieants,  Five  Corporals,  and  Two  Drummers. 

»als,ana  a  Drum-  J  ^ 

Colonel,  to  ap-  XVI.  AND  he  it  further  Enacted,  That  the  feveral  Colonels  of  their  refpectivc 
S  ann^aJfto  Regimcnts  within  this  Province,  are  hereby  authorized  to  apply  the  Fines  and 
render  an  Ac-  Penalties  by  them  received,  in  Virtue  of  this  A6t,  in  purchafing  Drums,  Colours, 
":^lr!t'?l  Ammunition,  or  Arms,  as  fliall  appear  to  them  to  be  moft  necefiary  for  the 
•*^  50 1.  Companies  in  fuch  Regiments  •,  and  that  they  fliall,  Annually,  render  an  Ac- 

count to  his  Excellency  the  Governor,  fworn  before,  and  certitied  by  any  Juftice 
of  the  Peace  in  the  County,  under  the  Penalty  of  Fifty  Pounds,  Proclamation 
Money ;  to  be  recovered,  by  Adion  of  Debt,  Bill,  Plaint,  or  Information,  iii 
the  General  Court  of  this  Province,  (v/herein  no  Eflbign,  Injundionj  or  Wager 
of  Law,  fhall  ^be  allowed  or  admitted  of,)  by  any  Perfon  who  will  fue  for  the 
fame  •,  the  one  Half  to  him  or  them  that  fliall  fue  for  the  fame,  and  the  other 
Half  to  be  applied  as  other  Fines -in  this  Ad  are  direfted* 

Trsff  of  ligiit  XVII.  AND  he  it  further  Enact ed^_  hy  the  Authority  aforefaid^  That  in  Cafe 
"m'  "Xring  the  Govemor  or  Commander  in  Chief  for  the  Time  being,  ffiall,  at  any  Time 
Lies'"""  '^°'"^'"  hereafter,  appoint  any  Troop  or  Troops  of  Light  Horfe,  in  any  County  in  this 
Province,  that  then,  and  in  fuch  Cafe,  the  faid  Troop  or  Troops  that  fliall  be  fo 
appointed,  are  hereby  exempt  from  muftering  in  any  of  the  Foot  Companies 
within  their  feveral  Counties,  and  fliall  be  accoutred  with  a  good  Cafe  of  Piftols, 
a. Broad  Sword,  a  Fuzee,  with  Swivel  and  Belt,  a  Cartridge  Box,  with  Twenty 

Four 


LAWS    o/^    North-Carolina,  219 

Four  Cartridges  of  Powder  and  Ball,  and  fubjed  to  Mufter  at  the  fame  Times,  ^'  ^-  '746. 

and  under  the  fame  Penalties,  as  before  by  this  Acl  is  direded  for  the  Foot.  *■ v ^ 

XVIII.  AND  he,ii  further  Enacted^  by  the  Authority  aforefaid.  That  this  This  Aa  in 
Ad  Ihall  be  and  continue  in  Force,  for  and  during  Three  Years,  and  from  thence  ^"'"'/'"■sYmts^^ 
to  the  next  Seflion  of  Affembly. 

XIX.  AND  he  it  Enacted,  That  each  and  every  Captain  of  a  Company^  Every  Captain  to 
flaall  procure  a  Copy  of  this  Ad,  for  which  he  ihall  be  allowed  in  his  account-  ^^"^  ^  Copy  of 
ing  for  the  Fines  and  Forfeitures  by  him  received,  or  to  be  received,  and  fhall  Solife'aVear 
caufe  the  fame  to  be  read  at  the  Head  of  his  Company^  at  leaft  once  in  every  "  ^^-  '^"^^  "^ 
Year  j  under  the  Penalty  of  Five  Pounds,  Proclamation  Money.  pL^'Ti"^"^!.'  °" 

^X.  AND  be  it  Enacted^  by  the  Authority  aforefaid.  That  from  and  after  RepeaiingCiaurc. 
the  Ratification  of  this  Ad,  all  and  every  Ad  and  Ads,  for  Reguiatincr  .the 
MiHtia  of  this  Government,  and  all  Matters  and  Things  therein  contained,  is  and 
are  hereby  repealed  and  made  void. 


C  H  A  P.     II. 

An  AB,  for  EreSting  the  upper  Part  of  Craven  County  info  a  County  and 
Parijh,  and.  for  appointing  a  Place  for  building  a  Couri-hoife^  Prifon^ 
and  Stocksy  in  the  faid  County. 

I.  WJ  H  E  R  E  A  S  Craven  County  is  now  become  fo  very  extenfive,  that  Praa.-nbic* 

Y  V  many  of  the  Inhabitants  thereof  live  very  remote  from  Ncwhern  Town, 
where  the  Court  for  the  faid  County  is  held,  whereby  a  great  many  Difficulties 
4ind  Hardfliips  arife  to  the  upper  Inhabitants  thereof,  npt  only  in  attendino-  their 
ordinary  Bufmefs  in  the  faid  Court,  but  alfo  by  being  compelled  to  fervc  as  Jury- 
men, and  oftentimes  as  Evidences,  at  the  faid  Court :  For  Remedy  whereof, 

II.  WE  pray  tliat  it  may  be  Enadedj  And  be  it  Ena^ed^  by  his  Excellency  Ga-  county  dwid^j, 
briel  Johnfton,  Ef^\  Governor,  by  and  with  the  Advice  and  Confent  of  his  Majejly's  ^""^  ^he  upper' 
Council,   and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the  r'diftin'acJunt'j 
4uthority  of  the  fame.  That  Craven  County  be  divided  by  a  Line,  begining  at  ^""^  ^"'^• 
the  Mouth  of  the  Southwefi  Creek,  on  the  South  Side  of  Neus  River,  below 

Francis  Stringer's.  Ferry,  running  up  the  faid  Creek  as  far  as  the  aforefaid  County  ^ 

extends  that  Way,  and  running  a  North  Line  from  the  Mouth  of  the  faid  Sotithwefi 
Creek,  as  far  as  the  County  extends  Northwardly ;  and  that  the  upper  Part  of  the 
faid  County  be  ereded  into  a  County,  by  the  Name  of  Jchnfion  County,  and 
St.  Patrick's  Parilh,  as  divided  by  a  Line  that  fhall  be  agreed  on  by  the  Com- 
miiTioners  hereafter  named  :  And  that  the  faid  County  and  Parilh  fliall  enjoy  all 
the  Privileges  and  Advantages  that  any  other  County  and  Parifh  in  this  Pro- 
vince holds  or  enjoys ;  fave  only  that  the  faid  County  fhall  fend  but  Two  Repre- 
fentatives,  to  fit  in  the  General  AiTembly. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid,  That  the  Courts  county  Conrt* 
of  the  faid  County,   Ihall  be  held  on  the  lall  Tuefdays  in  the  Montlis  of  March,  '''''"  ^''''• 
June,  September,  and  December,  in  every  Year. 

IV.  ANDbeit  further  Enacted,  by  the  Authority  aforefaid.  That  the  Juftices  Firft Court  where 
of  the  faid  County,  or  the  Majority  of  them,  fhall  hold  their  fiirft  Court  at  the  to  be  held, 
Dwelling-houfe  of  Francis  Stringer,  at  the  Ferry,  on  iVif«i  River,  and  then  and 

there 


220  Laws    o/^North-Carolina. 

A.  D.  1746^  there  nominate  and  appoint  a  certain  Place  for  building  a  Court-houfe,  Piifon, 
*-  V"  and  Stocks,  at  the  molt  proper  Place  in  the  faid  County,  and  fhall  alfo  make 
fuch  Orders  and  Rules  for  erecting  the  faid  Buildings,  and  running  the  dividing 
F^ied^by  let.  Line  aforefaid,  at  the  proper  and  equal  Expence  of  the  Inhabitants  of  the  fame, 
paired  1746,  '  by  a  Poil-Tax,  not  exceeding  Two  Shillings,  Proclamation  Money,  per  Year, 
Chap.  2.  j-^j.  -p^Q  Years,  and  no  longer. 

Commiflioners  V.  AN  D  he  it  further  Enactedy  Thzt  IVilli  am  Eat  on  ^  IVilUam  Perfons^  Fran- 

thrdmd1ng''Line  (^^  Stringer,  and  James  Macklewean.,  be,  and  are  hereby  appointed  Commiffion- 
betvveen  Gran-    grs,  and  are  hereby  impowered  and  direfted  to  run  a  dividing  Line  between  the 
^',f CouDtiMf"'  Counties  of  Granville  and  Johnfion,  as  agreeable  as  may  be  for  the  Eafe  and  Con- 
venience of  the  feveral  Inhabitants  of  the  faid  Counties,  beginning  at  fuch  Place, 
on  the  Head  Kine  aforefaid  of  Edgcomb  County,  as  the  faid  Commiflioners  fhall 
think  meet  and  juft 

juftices  to  re-        W.  A  N D  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  the  faid 
toThro.veS  Court  fhall,  at  the  firft  Sitting  thereof,  recommend  to  his  Excellency  the  Gover- 
foi  sheriff.         nor.  Three  Perfons,  for  his  Approbation  of  one  of  them,  to  execute  the  Office 
of  a  Sheriff,  according  to  Law,  for  the  faid  County. 

In  Swits  already  VII.  A  N  D  to  the  End  that  tio  A(5tion,  begun  in  Craven  County,  be  defeated 
\^^o^tk\o'htlx-  by  the  Divifion  aforefaid  j  Be  it  Enacted,  by  the  Authority  aforefaid.  That  where 
crated  by  the  ^ny  Aifllon  is  already  commenced  in  the  faid  Court  of  Craven,  and  that  the  i'ar- 
County."  *  ties  or  Evidenced  fliall  be  Inhabitants  of  Johnfton  County,  all  fubfequent  Procefs 
againft  fuch  Parties  or  Evidences,  fhall  be  direded  to  be  execut'ed  by  the  Sheriff 
of  CrflX'^w  County  j  any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

Veftrymen  ap-        VIII.  AND  be  it  furthef  Enabled,   hy  the  Authority  aforefaid.   That  Simon 
yomted.  Bright,   John  Herring,  Sen.   Thomas  McClendon,  John  Beeton,   Abraham  Boyd^ 

Ambrofe  Airis,  John  Irons,  John  Carratvay,  John  Smith,  Samuel  Smith,  Robert 
Rayford,  and  John  Beaker,  be,  and  they  afe  hereby  appointed  Veflrymen  of  the 
faid  Parifh  of  St.  Patrick,  to  ferve  in  the  Veftry  until  the  General  Eleflion  of 
YefVrymen,  according  to  Law  -,  and  that  the  fxid  Veflrymen  fhall  be  fummoned 
by  the  Sheriff  of  the  faid  County  of  Johnflon,  to  meet  at  the  Place  appointed  by 
this  Ad  where  the  Court  is  to  be  held,  and  qualify  themfelves  as  a  Veftry,  and 
proceed  to  Parifh  Bufinefs. 

This  ciaufe  r         ^^'  -^  ^  ^  ^^  it  further  Enacted,  That  all  Public,  County,  and  Parifh  Levies, 
pealed,  by  A(\,  HOW  duc  from  any  of  the  Inhabitants  of  the  faid  County  of  Johnfton,  fhall  be  col- 
paffed  1746.       igfted  by  the  Sheriff  of  Craven  County,  and  accounted  for  in  the  fame  Manner 
as  though  this  Ad  had  not  been  made. 


CHAP.     III. 

An  AB,  for  dividmg  Edgcomb  County  and  Farijli,  and  for  ereBing  the 
upper  Part  thereof  into  a  County  and  Farifi,  by  the  Name  of  Gran- 
ville County,  and  St.  John'j  Farijh ;  and  for  appointmg  Vejirymen  of 
the  faid  Parijh. 

vjeamMe,  I.  TT  T  HEREAS  the  County  and  Parifh  of  Edgcomb,  being  a  Frontier 

VV     County,  is  now  fo  extenfively  fettled,  that  the  Public  Bufinefs  of  the 
faid  County  and  Parifh  becomes  very  difficult  to  be  tranfaded  : 

11.  W  E 


L   A  IV  S     cf     N  O  R  T  H-G  A  R  a  L  I  N  A. 


AD.     viii, 

it    W  E  thercihr«  fray,  that  it  mav  be  Ert'adbcdj  And  he  it  Emciedy  by  his  Ex-  "t      *^~"  ^ 
fi?//^«0' Gabriel  Johnllon,   E[gs  Governor^  by  andwtih  the  Adroice  andLcnjent  cf  ^ni  the-  upccr 
his  Majefifs  CquucH^  ayi'dGe'nsrxiLApmbly  of  this  Province^  afi'd  hy  the  Atithonty  ^1^^"'^'^^;^^^.^ 
df  the  famei  Th?X  Edvcoinb  County  and  Parifh'be  divided  by  a  Line,  beginnirig  andP^nn,. 
at  the  Mouth  oi  Stondmife  Cr^tk,  on  Roanoak  Kiver,  to  the  Mouth  of  Cyprefs 
Swamp,  on  T'i?^  Kiver,  and  horn  tiicnce  ■  acrofs  the  Rivtr,  in  a  dircd  Loiirfe, 
to  the  Middle  Grounds  between  Tar  River  and  Neiis  River,  being  the  dividing 
Line  between  Craven  and  £^^<:^OTi^  Counties  •,-  and  that  the  upper  Part  ot  the  faid 
County  and  Parilli,  as  divided  by  the  Line  tliat  fliall  be  agreed  on  by  the  Com- 
miffiort^ers  hereafter  named,  be  eredled  into  a  County,  by  the  Name  of  Granville 
County,  and  St.  John's,  Farilh  :  And  that  the  Lid  County  and  rariih   fliall   en- 
joy as  many  Privilege^  as  any  dther  County  or  Paridi  in  this  Province  holds  and 
enjoys/  fave  brily  that  the  faid  County  fliall  fend  but  Two  Reprtfentatives  to  fit 
in  General  AfTembly. 

III.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Courts  J,;'j;;*j;J"""* 
of  the  faid  County,  fliall  be  held  on  every  Tuefday  fucceeding  the  County  Courts  ''"''• 
of  Northamptom 

IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Juftices  pird  Court  wh«e 
of  the  faid  County,  or  the  Majority  of  them,  fhall  hold  their  firfl:  Court  at  the  tobehdd. 
Dwelling-houfe  of  JVUlicm  Ealon^  and  then  and  there  nominate  and  appoint  a 

certain  Place  for  building  a  Court-houfe,  Priibn,  and  Stocks,  at  the  moil  proper 
Place  in  the  faid  County  -,  and  fhall  alfo  make  fuch  Orders  and  Rules  for  eredting 
the  faid  Buildings,  and  running  the  dividing  Line  aforcfaid,  at  the  proper  and 
equal  Expence  of  the  Inhabitants  of  the  fame,  by  a  Foil-Tax,  not  exceeding- 
Two  Shillings,  Proclamation  Money,  -per  Yeaf-,  for  Tv/o  Years,  and  no  longer. 

V.  AN D  be  it  further  Enacted,  TWdt  P/illiam  Eatotr,  miliam  Perfons,  Fran-  comm;ffioner, 
CIS  Stringer,  and  James  Macklewean^    be,-  and  are  hereby  appointed  Commii-  the  a  id.ng  L.ne 
fioners ;  who  are  hereby  impow.red  and  direfted  to  run  a  dividing  Line  between  ^"JJ^'nj'^y^",. 
the  faid  Counties  of  Granville  and  Johnfio-i,  as  agreeable  as  may  be  for  the  Eafe  and  fton  couiuks. 
Convenience  of  the  feveral  Inhabitants  of  the  faid  Counties,  beginning  at  fuch  a 

Place  on  the  Head  Line   afortfaid  of  Edgcomb  County,  as  the  Lid  Commiflloners      • 
Ihall  think  meet  and  juft; 

4 

VI.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid  l^^Z'JpJL* 
Court  fhall,  at  the  ftfft  Sitting  thereof,  fecofnmend  Co  his  Ebicellency  the  GovTr-  to  the  Gov<;rnor, 
nor.  Three  Perfons,  for  his  Approbation  of  one  of  them,  to  execute  the  Office   '"    '•"  * 

of  Sheriff,  according  to  Law,  for  the  faid  County. 

Vir.  A  N  D  to  the  End  that  Ho  Aftion  begun  in  Edgccmb  County  Court,  be  J",,L"'"  ■„' 'iv^? 
defeated  by  the  Divifion  aforefaid  •,  Be  it  Enacted,    by  the  Authority   aforefaid  f'™^.  ''™"'s '" 
That  where  any  Ac1;ion  is  already  commenced  in  the  Lid  Court  of  Edgcomb,  and  thcShtnffof that 
the  Parties  or  Evidences  fhall  be  Inhabitants  of  Granville  County,  all  fubfeqiient  Coumy. 
Procefs   againfl:  fuch  Parties  or  Evidences,  fliall  be  directed  to  be  executed  by  the 
Sheriff  of  Edgcomb  County  5  any  Aft^  Law,  Ufage,  or  Cuftomj  to  the  contrary^ 
notwithfliandins:.- 


VIII.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  William  vefcymen  ap- 
Eaton.,  William  Perfons^    John  Martin,  Edward  Jones,    James  Mitchcl,  James  *"""''  ' 
Payne,  Weft  Harris,  John  Wade,  William  Moore,  Samuel  Lanier,  Robert  Parker, 
and  Jofeph  Sims,  be,  and  they  are  hereby  appointed  Veftrymen  of  the  faid  Parifh 
of  St.  John's,  to   ferve  in  Veflrry  until   the  General  Eledion  of  Veilrymen,  ac- 
cording to  Law  ;  and  that  the  faid  Veftrymen  Ihall  be  fummoned,  by  the  Sheriff 

K  k  k  of 


222 


LAWS    of   North-Carolina. 


^  D.  ,746^  jjf  jhg  f^i^  County  of  Granville,  to  meet  at  the  Houfe  of  miliam  Eaton,  and 
■"^""       qualify  themfelves  as  a  Veftry,  and  proceed  to  Parilh  Bufinefs. 

Va'rcb^^  ^^%'       ^^-  ^/^^  ^^  ^V/«r/^^^-  £«^f/^i,  That  all  Public,  County,  and  Paiifti  Levies, 
Ch»p.  a.'     .     now  due  from  any  of  the  Inhabitants  of  the  faid  County  of  Granvtlhy  fhall  be 

colleded  by  the  Sheriff  of  Edgcomb  County,  and  accounted  for  in  the  fame  Man- 

nei(  as  though  this  Ad  had  not  been  made. 


S  I  G  N  E  D  by 

Gabriel  Johnston,  Efqj  Governor. 

Nathaniel  Rice,  Prefident. 

Samuel  Swann,  Speaker* 


.  ■«> 


Annoj 


L    A    IV    S      O/'     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


.22.1 


=^'fe==«     >fc=^  fc=i.  _fe=s?  fc-- 


Anno  Regni 


y*.  D.    1746 


G  E  O  R  G  I  I   IL 

Regis,  Magn^  Britannia,  Francis,  & 
Hiberniae,  Viceffimo. 


G  A  B  K  t  Z  t 


At    a  General   ASSEMBLY,   fielcj  at  ffllmingtony  the 

Fifth  Day   of  December,  in    the  Year  of  our  Lord  One  Ef,"Gov'erncf. 
Thoufand    Seven  Hundred  and  Forty  Six. 


Pretmble, 


C  H  A  P.    I. 

An  A8t^  for  the  better  afcertaining  the  Number  of  Member i  to  be  chofen 
for  the  feveral  Counties  within  this  Province^  to  ft  and  vote  in  Qene^ 
ral  AJfembly  j    and  jor  EjiablijJnng  a  more  equal  Reprefentative  oj  all 
his  Majefy's  Subjects  in  the  Houfe  of  Burgefes. 

I.  TXT"  H  E  R  E  A  S  the  Inhabitants  of  feveral  of  the  Northern  Counties  with- 
V  Y  in  this  Province,  have  alTumed  to  themfclves  the  Privilege  of  choofing 
Five  Perfons  rcfpediveiy  to  reprefent  them  in  the  General  Affembly,  without 
any  Law,  or  lYctence  of  Law,  to  fupport  fuch  a  Claim,  while  thofe  of  the  more 
Southern  and  JVeJlern  Counties,  who  are  more  numerous,  and  contribute  mucTi 
more  to  the  General  Tax  of  the  Province  than  fome  of  thofe  who  claim  this  Pri- 
vilege, are  reprefcnted  only  by  Two  Members  in  the  faid  Affembly  ;  from  which 
InequaHty  great  Mifchiefs  and  Diforders  have  arifen,  and  the  beft  Schemes  for  the 
Good  and  Welfare  ot  the  Province,  by  this  Means,  have  been  utterly  defeated : 
For  preventing  of  which  for  the  future, 

II.  W  E  pray  that  it  may  be  Ena6ted,  And  be  it  Enacted^  by  his  Excellency  Each  County  to 
Gabriel  Joliniton,  Efq;  Governer^  by  and  with  the  Advice  and  Confent  of  his  Ma-  ^''f^^^^l^J'^"' 
jejiy*s  Council^  and  General  Ajfemhly  of  this  Province,  and  by  the  Authority  of  the  ^''  "*  ''"*"* 
fame.  That  from  henceforward,  the  Inhabitants  of  each  and  every  County  already 
ereded,  or  which  Ihall  hereafter  be  ereded  in  this  Province,  lefpedively,  fhall 
and  may  choofe  Two  Perfons,  duly   qualified,  for  there  Keprefentatives,  to  fit 
and  vote  as  Members  in  the  General  AlTembly  of  this  Province,  and  no  more ;  any 

Law, 


224  LAWS    p/'    North-Carolina. 

/^  ^-  '^'^^  Law,  Ufage,  or  Cuflom,  to  the  contrary,  in  any-wifc,  notwithftanciing :  And 
V  '^'l  <■  that  the  Freeholders  oF  the  feveral  Towns,  to  wit^  of  Edenton,  Bath-^foivn,  New- 
e.ic  Burgcfs.  bern,  and  IvtLmington^  may  have  the  Liberty  or  choofing  One  Reprefentati'-^e 
each,  as  heretofore,  to  fit  and|vote  as  Members  in  the  faid  General  Alfcmbly,  as 
aforefaid  ;  all  which  faid  Members  fliall  be  chofen  at  fuch  Times  as  fliall  be  di- 
redted  by  his  Majefty's  \^rit,  and  at  fuch  Place,  and  in  fuch  Manner,  as  by  aa 
A61  of  the  General  Afiembly  of  this  Province,  intituled,  An  Act^Jo  regulate 
Elections  for  Members  to  fern  e  in  General  Affembly  for  the  feveral  CountieSy  to  de- 
clare who  fhall  he  qualified  to  'vote  in  the  faid  Elections^  or  be  elected  a  Member  of 
the  General  Affembly^  for  any  of  the  faid  Counties^  and  to  direct  the  Method  to  be 
obfcrved  in  taking  the  Poll  at  the  feveral  Elections  in  the  Counties  and  Towns  in 
this  Province,  is  diredled  and  appointed. 

Bight  Mimbers  HI.  AND  whcrcas  great  Mifchicfs  have  arifen,  and  numberlefs  Obilruftions 
rHoufe"madc."  given  to  the  Public  Affairs,  by  the  Membefs  of  the  Houfe  of  BurgefTes  not  duly 
attending,  according  to  the  Writ,  or  the  Time  of  Prorogation  or  Adjournment ; 
Be  it  Enacted,  by  the  Authority  aforefaid.  That  Eight  Members  of  the  Houfe, 
at  the  firft  Meeting,  in  Purfuance  of  his  Majefty's  Writ,  or  the  Time  of  Proro- 
gation or  Adjournment,  are  hereby  impowered  to  adjourn  de  Die  in  Diem,  until 
the  Number  of  Members  herein  after  limited  fhall  come  together,  to  make  a 
Houfe. 

ftrj""*^^*  ^^'  AT^^^^Slfor  the  better  Difpatch  of  Public  Bufinefs,  Be  it  EnaEied,  hy  the 
and  fliiLiwV'  Authority  aforefaiTi^^hu  Fourteen  Members  of  the  faid  Houie,  and  the  Speake'r, 
fhall  be  a  fufficientS^^orftw  to  make  a  Houfe,  and  to  pafs  Laws,  or  do  any 
other  Adt  or  Afts,  which  any  AfTembly  in  this  Province  have  been  heretofore 
accuflomed  to  do  by  a  larger  Number  5  any  Law,  Cuflom,  or  Ufage,  to  the 
contrary,  in  any-wife,  notwithftanding. 


tiepeaiingCiaufe.  V.  AND  hc  it  further  Enacted,  That  all  and  every  Claufe  and  Claufes  of 
every  Law  or  Laws,  fo  far  as  relate  to  the  Inhabitants  of  any  County  or  Counties 
in  this  Province,  their  fending  above  Two  Members,  exclufive  of  the  Members 
chofen  for  the  feveral  Towns,  in  this  A(fl  before  mentioned,  to  fit  and  reprefent 
them  in  General  AfTembly,  .diredtly  or  indiredly,  is  and  are  hereby  repealed  and 
declared  null  and  void,  to  all  Inteiits  and  Purpofes,  as  though  the  fame  had 
never  been  madq,    . 


CHAP.    n. 

An  Acl,  to  fix  a  Place  for  the  Seat  of  Goijermnejii,  and  fof-  keeping 
Public  Offices  j  for  appointing  Circuit  Courts,  and  defraying  the  Ex- 
pence  thereof  y  and  alfo  for  ejiablifloing  the  Courts  of  fufice,  and  regiH 

:  .  luting  the  Proceedi??gs  therein, 

freambie  I.  "^T  7"  H  E  R  E  A  S  the  Limits  of  this  Province  are  very  extenfive,  and  to 

VV     the  End  that  the  Supream  Court  of  Judicature  and  Public  Offices  may 

beheld  and  kept' at  the  mofl  proper  and  convenient  Place,  and  Circuit  Courts 

appointed,  for  the  Eafeand  Benefit  of  the  Inhabitants  in  General  of  this  Province-, 

II.  \V  E  pray  that  it  may  be  Enafted^  And  be  it  Ena£ted,  by  his  Excellency 
Gabriel  Johnflon,  Efq;  Governor,  by  and  with  the  Advice  and  Confent  of  his  Ma- 
jefty's Councily  and  General  Affembly  of  this  Province,  and  by  the  Authority  of  the 
fame.  That  from  and  after  the  Fifteenth  Day  of  Augnfty  next  after  the  Ratificar 

tion 


LA    IF    S'    of     N  O  R  T  H  -  C  A  R  O  L  I  N  A.  '^2^ 

tioa  of  this  Aft,    the  Courts  of  Chancery,    General  Court,  Secretary's  Office,    "^  ^-  '746 

Clerk  of  the  Chancery  OfficL-,  and  Clerk  of  the  Ge.icral  Court  Office,  {hall  be  ^~^"^. * 

held  and  kept  at  the  Town  of  Nezvbej-v^  in  this  Province  •,  and  that  the  Court  of  cty?  c-n=raT* 
Chancery,  and  the  vSupreme  or  General  Court,  fhall  be  held  at  the'faid  Town  of  k,"  oIh. ■'"'' fo't' 
Nc'j'hern^  on  the  feveral  Days  and  Times  herein  after  in  this  iidl  dircftcd  -,  and  kcpcnAWcr/j. 
chat  all  Bufintfs,  proper  and  incident  to  the  faid  Courts,  and  Matters  appertain- 
ing to,  and  proper  to  be  tfanfiftcd  in  the  faid  feveral  OifiCes,  fhali  be  there  done 
and  tranfad-d  ;  Any  Lav/,  Ufage,  or  Cuftom,  to  che  contrary,  notwithitandiug. 

III.  AND  be  i't  further  Eno.Qlid^  h)  the  AuthoriLj  afor?fa:d^  That  frorti  and  cierks  when  w 
after  the  faid  Fifteenth  Day  of  Auguji^  the  Secretary  of  tRis  Province,  for  the  ^^'^jajj^'^"  •*'"' 
Time  being,  or  his  Deputy,  the  Clerk  of  the  Chancery,  for  tlie  1  ime  being,  or 
his  Deputy,  the  Clerk  of  t\\Q  General  Court,  for  the  Time  being,  or  his  Deputy, 
lliill  Daily  {Sundays  and  Holy-day^  excepted)  give  their  Attendance  rtfpedtively 
at  their  Offices  in  Ncwbern  aforefaid,  from  the  Hours  of  Tcrt  of  the  Clock  in  the 
Forenoon,  'til  Twelve,  and  from  Three  of  the  Clock  in  the  Afternoon,  'til  Five, 
for  the  better  difpatching  the  Bufinefs  of  fuch  Perfons  who  fhall  apply  to  their  re* 
fpedive  0:iices  for  that  Purpofe  ;  and  if  either  or  any  of  the  faid  Officers  fhi.ll  penaUy  forNeg.. 
negleft  fo  to  doj  he  or  they  fo  offending,  fhall  forfeit,  for  every  fuch  Negkd,  \^^>  5I. 
Five  Pounds,  Proclamation  iMoney ;  to  be  recovered  by  Adtion  of  Debt,  Bill, 
plaint,    or  Information,    in  the  General  Court  of    this  Province,  (wherein  no  • 
Eifoign,  Protection,  Injundtion,  or  Wager  of  Law,  fhall  be  admitted  of,)  by  the 
Party  who  Ihall  make  information  thereof,  or  fue  for  the  fame. 

._   IV.  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Chief  ^^'"''^f.A^*^ 
Juftice  of  this  Province,  for  the  Time  being,  fhall.  Twice  every  Year,  hold  a  where  w  be  heU. 
Court  of  Affize,  Oyer  and  'Terminer,  and  General  Goal  Delivery,  by  aCommif- 
fion  or  Commiffions  to  be  iifucd   for  that  Purpofe  by  the  Governor  or  Com-' 
mandcr  in  Chief  for  the  Time  being,  under  the  Seal  of  the  Province,  at  Edcntoni 
in  Chowan  County,  at  JVtlmingtorii  in  New-Hanover  County,  and  at  the  Gourt- 
houfe  in  Edgcomb  County.  .c 

V.  AND  be  it  further  EnnSfed,  by  the  Authority  aforefaid.  That  all  Tfilies  in  AiiAaknswiiw 
all  Aaions  and  Plaints,  wheth  r  Real,  rerfonal,  or  Mixt,  Local,  or  Tranfitury,  lf^,t"' '"  ^'^ 
which  ihall  hereafter  be  brought  or  commenced  in  the  Supreme  Court  of  Com- 
mon Pleas,  in  which  the  Vifne  fhuU  be  laid  in  the  Counties  of  Currituck,  Paf- 

quotank,  Pequir^ns,  Chowan,  Bertie,  and  Tyrreli,  Ihall  be  tryed  at  Edentcfj,  by 
Writ  of  Nift  Prius,  on  the  Second  Tuefdays  in  October,  and  April:  And  all 
Iffues  in  all  Adfions  or.  Plaints,  where  the  Vifne  fliall  be  laid  in  the  Counties  of 
Edgcomb,  Northampton,  and  Granville,  or  in  any  Counties  that  fhall  hereafter  be 
eftabliihed  to  the  IVejiivard  of   Granville  County,  fhall  be  tryed,  in  like  Manner,  * 

at  the  Court-houfc  in  Edgcomb  County,  on  the  Fourth  Tuefdays  in  October,  and 
April,  by  a  Jury  of  Freeholders,  of  the  faid  Counties,  or  any 'of  them  :  And  ail 
JlTues  in  all  Adions  and  Plaints,  where  the  Vifne  fhall  be  laid  in  the  Counties  of 
New-tianover^  Bladen,  and  0>'Jlow,  or  any  Counties  that  fhall  hereafter  be  efta- 
blilh^d  to  the  Southward  or  IVeJiward  of  Onflow  County,  fhall  be  tryed,  in  like 
Manner,,,  at  TVilmingion,  on  Cape-Fear  River,  on  the  Second  Tuefdays  in  Novem- 
ber, and  May,  by  a  Jury   of  Freeholders  of  the  faid  Counties,  or  any  of  them. 

VI.  AN  Dbe  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Vifne  in  vifne  to  be  J»id 
ill  Adions  and  Plaints,  (Suits  in  behalf  of  the  Crown,  and  Tranfitory  Adions,  '^her^thfS 
excepted,)  fhall  be  laid  in  theCounty  where  the  Caufe  of  Adion  ffiall  arife,  and  of  Aftion  Aaii 

'  in  no  other,  without  the  Confenc  of  the  General  Court,  for  good  and  iufficient  "''^^• 
Caufcs  fbewn. 

L  1  I  VIL  AND 


226  L    A    W  S    of    North-Carolina. 

A.  D.    1746. 

V— -^ 1      Ylh  AND  be  it  further  EnaEled^   by  the  Authortj  aforefaidy  That  all  Writs, 

«ru1d '*om%hI  Plaints,  and  t'rocefs  whatfoever,  flul!,  as  heretoiorc,  be  iifued  out,  commenced,- 
Cen.  Court ;  and  filed  in  the  General  Court  at  Ncwbern  atorcfaid ;  and  all  the  Pleadings  and 
tob/h°"th^re-  -froceedings  tnereon  thall  be  carried  on  and  tranfadted  in  the  faid  Court,  until  the 
•los.  Caufe  fhall  be  at  liFue  \  and  that  when  fuch  Caules  Ihall  be  at  Iflut,  lull  Jtower 

and  Authority  is  hereby  given  to  the  faid  Courts  to  iffue  out  a  Writ  of  Nifi  Prius^ 
and  Subpcena  for  Witnelies  to  appear,  and  to  tranfmit  a  I'ranfcript  of  the  Re- 
cord of  the  Proceedings  and  Pleadings  in  all  Actions,  to  the  proper  Place,  for 
the  Tryal  of  the  IlTue  before  appointed  for  that  Purpofej  in  the  fame  Manner  ac- 
cording to  the  Method,  and  as  near  as  may  be,  agreeable  to  the  Praftice  of  the 
Court  of  Common  Picas  or  King's  Bench  at  fVeJiminJier.        /■ 

Chief    juftk»'5      VIII.  AN D  be  it  further  Ena£led<,  That  the  faid  Chief  Jufticc,  or  fuch  other 

^"'"Tmer''ind  P^ffon  or  Pcrfons,  in  Cafe  of  Sicknefsor  Difability  of  the  Chief  Juftice,  as  fhall, 

Fi«ts  .fofef»id,  from  Time  to  Time,  be  appointed  Juftice  or  Juftices  of  Allize,  Oyer  and  1'er- 

miner,  and  General  Goal  Delivery,  fliall  have  full  Power  and  Authority  to  try, 

at  the  refpedtive  Places  and  Times  aforefaid,  all  Iffues  remaining  to  be  tryed  in 

any  of  the  faid  Records,  as  aforefaid,  and  to  caufe  Juries  to  be  fummoned  and 

'  fworn,  and  in  all  Things  relating  thereto,  to  proceed  according  to,  and  as  near 

as  may  be,  agreeable  to  the  Method  ufed  and  pradifed  by  the  Judges  of  Aflize, 

Oyer  and  "Terminer,  and  General  Goal  Delivery,  in  England. 

And  to  ««t!<y  IX.  AND  be  it  further  Enaifed^  That  the  faid  Chief  Juftice  or  Juftices  of 
£*  throSi  Affize,  ftiall,  upon  the  faid  Tranfcript  of  the  Record,  certify,  under  his  cr  their 
Otmtt Office.  Hands  and  Seals,  the  Verdidt  of  the  Juries,  and  the  whole  Proceedings  had 
thereupon,  and  to  return,  or  caufe  the  fame  to  be  returned,  and  filed,  in  the  Ge- 
neral Court  Office  in  Newbern  aforefaid  :  And  the  Gtn.ral  Court  is  h'rtby  im- 
powered  to  enter,  or  caufe  Judgment  to  be  entered  tha.u.'on,  and  to  ifiue  Exe* 
cution,  and  in  all  Things  to  proceed  and  ad,  as  near  as  niay  be,  agreeable  to  the 
Proeedings  of  the  Court  of  Common  Picas  *nd  King's  i>(.nch  at  Wefiminfier. 

Co:tjmi/«flii  M  X.  A N D  be  it  further  Ena£tedy  hy  the  Authrr'ty  aforefaidy  That  a  Commif- 
Sir"!  to  %  cn-  fion  of  Oyer  and  TermineTy  and  General  Ooal  Deuv  ry,  (hali  be  made  out,  under 
ninai  Suits  at  fhe  Scal  of  the  Province,  impowering  the  faid  Chiti  Juftice,  or  other  Ptrfon,  to 
^ Circuit..  j^^^^  ^^j  determine  all  Trcafons,  Murders,  P^urgluti-s,  Felonies,  'I'refpaiTes,  and 
Crim^;s,  of  what  Nature  or  Kind  foever,  committed,  or  which  lliall  hereafter  be 
committed,  in  the  ftveral  and  refpedive  Counties,  at  the  fcVtral  Times  and  Pla- 
ces hcrtby  appointed  for  the  I'ryal  of  Civil  Adions,  on  the  Circuits  •,  and  the 
faid  Chief  Juftice,  or  other  Perfons,  impowered  as  aforefaid,  are  hereby  dircded 
and  aurhorized,  to  try  all  Pcrfons  againft  whom  any  Indidment  ftiall  be  found, 
or  Pr  f^ntment  made,  or  Information  exhibited^  for  any  CfimcSi  committed  in 
any  of  the  faid  Counties,  and  to  proceed  thereupon,  at  the  fame  Places  hereby 
appointed  for  the  Tryal  of  Ifiucs  by  Niji  Prmsy  where  the  Vifne  ftiall  be  laid  in 
any  of  the  feveral  and  refpedive  Counties  aforefaid,  by  a  Jury  of  Freeholders  of 
the  faid  refpedive  Counties,  and  to  give  Judgment,  and  award  Execution,  as 
near  as  may  be,  agreeable  to  the  Method  and  Pradice  of  Judges  of  Aflize^  Oyer 
and  Terminery  and  General  Goal  Delivery,  in  England. 

Vifna  U\i,  6if  XL  A  N  D  be  it  further  EnaStedi  by  the  Authority  aforefaidy  That  the  Ifllies  in 
fn^ny^oTh"/^'  all  Adions  OF  Plaints  whatlc)evcr,  where  the  Vifne  is  laid  in  any  other  County 
County,  Suit  to  than  before  mentioned,  artd  all  Profecutions  for  Criminal  Matters,  where  the 
Oen.' Cflfl"  *  '  Fad  in  the  Indictment  is  laid  to  be  committed  in  any  other  County  than  before 
mentioned,  ftiall  be  heard  and  tryed  at  the  General  Court,  to  be  held  at  Netubern', 

Xn.jiND 


LAWS      of     N  O  R  T  H  - C  A  R  O  L  I  .V  A, 


A 


XIT.  AND  he  it  further  Enacted^  That  there  fhall  be  Three  ft.veral  Cl.rks  ^"^"X^ 
of  the  Aflizc,  to  "joit^  One  for  the  A'£>r/i&fr«  Circuit,  vvho  fhall  rcfide  and  keep    y^^.lf'^^A 
his  Office  in  Edenton ;  and  One  for  the  fVeJlern  Circuit,    who  (hail  rcfide  and  '^"^^  ^f""-'^ 
keep  his  Office  in  the  faid  County   of  Edgcomb  ;  and  One  othtr  fcr  the  Siuihern  ^  ""^'^  '  ^'* 
Circuit,  who  ihall  refide  and  keep  his  Oirice  in  fVihnington  :  Which  faid  fcvcral 
Clerks  fhall  keep  a  Record  of  all  the  Criminal  Profccutions,  and  ctht.r  Frofccu- 
tions,  at  the  Suit  of  his  Majefty,  heard  and  determined  before  the  Jufticts  of 
Afiize,  Oyer  and  Terminery  and  General  Goal  Delivery,  within  their  refpi:d:ive 
Circuits  •,  which  faid  Clerks  fhall  be  appointed  by  tlis.  Clerk  of  the  Crown  for  the 
Time  being ;  and  alfoj  that  the  Chief  Jullice  of  this  Province,    for  the  1  ime 
being,  Ihall  appoint  a  Clerk  or  Clerks,  who  (hall  attend  the  Courts  of  Ni/t  Prius  i 
And  the  faid  Ckrks  fo  to  be  appointed  by  the  Chief  Juftice,  and  Clerk  of  the 
Crown,  are  hereby  veiled  with  the  fame  Power  and  Authority,  to  adl  in  theJr 
iieveral  and  rcfpective  Grfices,  as  Clerks  of  Afiize  And  Ni/i  Fr.us  can,  may,  or 
ought  to  do,  on  the  Circuits  in  England. 

XIII.  AND  bf  it  further  Enacted,  That  the  f^veral  Clerks  ftiall  take  and  r;-  cierk.ret.. 
eeive,  for  the  Bufinefs  on  the  fcvtral  Circuits,"  the  fame  Fees  as  by  Law  apjjoint-d 

for  the  Clerk  of  the  General  Court,  for  the  like  Services  •,  and  for  mak'ng  the 
Poftra  on  the  Circuits,  Two  Shillings  and  Eight  Pence,  Proclamation  ivaoncy. 

XIV.  AND  whereas  the  faid  Chief  Juilice  and  Attorney-General,  muil  ne-  c.  joftkr  in« 
ceffarily  be  at  great  Exoence  in  ri'Jing  t'le  CiiXuits,  and  holding  the  Courts,  at  '^l'"'s^^  "'" 
the  refpe<5live  Times  and  Plaits  ;iicr  f  k;  \  Be  it  further  Ena£fedi  h  (he  Authority 
tiforefaidy  That  the  Chief  Jufcice,  for  his  Trouble  and  Expence  in  riding  and  at- 
tending the  laid  f.vcral  Circuit: ,  ih  ill  have  and  receive  the  Sum  of  1  wo  Hun- 
dred Pounds,  Proclamation  Mont-y,  Annually,  and  the  Attornc y-GenerJ,  Six- 
ty Six  Pounds  Thiit>:"en  Shillings  and  Four  Fence,  Proclamation  Money,  Annu- 
ally i  to  be  paid  out  of  t'le  Tax  h- ain  after  laid  for  that  i'urpofc,  by  a  Warrant 

under  the  Piand  of  tlie  Governor  or  Commander  in  Chief  tor  the  Time  being. 

XV.  AND  to  raife  Money  for  defraying  the  Charges  in  building  the  Public  Tax  to  i»  i.i». 
Offices,  and  paying  the  fuid  Officers  of  the  Circuit  •,  Bt  it  Enafied,  by  the  Au-  ^.:^^'^^''^^''^" 
thority  aforefatd^  Ih-.t  trom  an.i  after  t'le  Ratification  of  this  A£t,  a  Tax  of  Four  '*  •"«'«»»''**■ 
Pence,  Proclamation  Money,  per  Pod,  fliall  be  Annually  levied  on  the  taxable 

Perfons  within  this  Province,  and  collefted  by  the  Sheriff  of  the  rcfpedtive  Coun- 
ties, at  the  Time  all  other  Taxcj  are  collcfted  and  paid,  for  and  during  the 
Space  of  Two  Years,  tj  be  paid  and  applied  in  Manner  following  ;  that  is  to  fay. 
All  the  Money  arifing  by  x.\\t  faid  Tax,  wit!iin  the  Counties  of  Craven^  BeaU' 
fort,  Hyde,  Carteret,  and  JchnJicTis  fhall,  by  each  Sheriff,  be,  at  the  ufual  Time, 
Annually  accounted  for  and  paid  to  Mr.  John  Barrovt),  Mr.  James  Mackkwean^ 
Mr.  J'homas  Pearfon^  Co!.  5  bonms  Lovick,  and  Mr.  John  Weft,  or  the  Majority 
of  them,  for  and  towards  the  erecting  the  Offices  and  other  Public  Buildings  at 
Newhern  Town,  as  thty,  or  tlie  Majority  of  them,  fhall  think  neceifary  and  con- 
X'enient :  And  all  the  Monies  arifing  by  the  faid  Tax,  within  the  Counties  of 
Bertie,  Tyrell,  Chowan,  Pequimons,  Pafquotank,  and  Currituck,  fhall  be  paid  to 
Mr.  Jofeph  Blount,  Mr.  -Jhn  Benhury,  Mr.  Pet&  Payne,  Mr.  Caleb  IVilfon^ 
Mr.  Stephen  Lee,,  Mr.  Jchn  IVynn,  and  Mr.  Luke  Sumner  j  to  be  by  them  ap- 
plied towards  repairing  the  Court-houfe  for  holding  the  Aflize  at  Edenton^  and 
finifhing  the  Goal,  as  th  y,  the  faid  Mr.  Jojeph  Blount,  Mr.  John  Benbury^ 
Mr.  Peter  Payne,  Mr.  Caleb  iVilf.n,  Mr.  Steven  Lee,  Mr.  John  IVynn,  and 
Mr.  Luke  Sumner,  or  the  Majority  of  th^m,  fliall  think  nectfiary  and  con- 
venient :  And  all  the  Monies  arifing  by  the  faid  Tax  v^rithin  the  Counties  of  Edg-' 
tomb,  Northampton,  and  Granvilk;  iTiall,  by  each  Sheriff,  at  the  ufual  TimeSj 
be  Annually  accounted  for  and  paid  to  Mr.  John  Haywood^  Mr.  John  Edwards^ 

Dr,      . 


^2  8  Ly^/'/^'S'o/'NoRTH-C  A  R  O  L  I  N  A. 

A.  D.  1-46.  Dj..  James  Payne,  Mr.  John  Dazofon,  and  Mr.  Jofepb  Howell  \  to  be  applied 
^^""V  ^  l^y  them,  or  the.  Majority  of  them,  towards  erecting  the  Office,  and  othtr  i^ub- 
lic  Buildings,  for  holding  the  faid  Court  of  Afilze  in  Edgcomb  County  afore- 
faid  :  And  all  the  Monies  arifing  by  the  faid  Tax  within  the  Counties  oi  Bladen^ 
JSfew-Hanbver,  arid  Onjlow,  fhail  be  p^id  to  Mr.  Rufus  Mar f den.  Col.  Edward 
Hyrne,  Mr.  'Thoinas  Jones,  Mr.  John^  Siarhy,  and  Mr.  Gnjfiih  Jones  •,  to  be  by 
theni  applied  towards  finifning  a  Court-houfe  at  Wilmington,  and  'building  a 
Goal,  as  they,  the  faid  Mr.  Rufus  Marfden,  Col.  Edward  Hyrne,  Mr.  Thomas 
Jones,  Mr.  Jolra  Slarkey,  and  Mr.  Griffith  Jones,  or  the  Majority  of  tlaem, 
lliall  think  neceffary  and  convenient :  All  which  laid  Perfons  Ihall  account  with 
the  General  Affembly  tor  all  the  Monies  by  thetft  rcfpectively  received,  and  ap- 
plied towards  the  Ufes  aforefaid. 

tax  to  be  laid  to  XVI.  AND  hd  H  ftirthcr  Enacted,  hy  the  Atithcrit  aforefaid.  That  alfo  a 
A«^^n/v"'G?ne^  Tax  of  Four  Pence,  Proclariiation  Money,  per  Poll,  Annually,  fhali  be  levied. 
?ai'5  Salaries.  on  cach  and  every  taxable  Perfon  within  this  Province,  for  and  during  the  Term 
of  Three  Years,  and  no  longer  ;  and  fliall  be  collected  by  the  Sheriff  of  each  re- 
fpective  County  of  this  .Province,  at  the  Time  all  other  Taxes  are  colkded  and 
paid  ;  and  fhall  be  paid  into  the  General  Affembly  of  this  Province,  and  by  thenv. 
Applied  towards  defraying  and  paying  the  faid  Chief  Juflice,  and  Attorney-Ge- 
neral, as  a  Recompence  for  their  Trouble  and  Expence  of  going  the  Circuits  :. 
And  if  any  Surplus  Ihall  afterwards  remain,  then  the  fame  Ihali  Yearly  be  ap- 
plied, by  the  General  Affembly,  towards  defraying  the  Public  Debts  of  this 
Province. 

t 
Court  of  cv.au-  XVII.  A  N  D  fof  the  better  eflabli flung  the  feveral  Courts  of  Juftice  of  thia 
eery  whe«  held,  province,  fettling  when  the  fame  iliall  be  held,  and  for  regulating  the  Proceed-.* 
ings  fof  the  fpeedy  hearing  and  determining  the  Suits  and  Adions  brought  there- 1 
in  ;  Be  it  Enacted,  That  the.  Court  of  Chancery  Ihall  be  held  at  Newbern  Town,r 
on  the  Second  Tuefday  after  the  Meeting  of  every  General  Court  -,  and  may  be  ad- : 
journed  from  Day  to  Day,  'til  all  the  Suits  and  Bufinefs  then  depending  in  the- 
faid  Court  of  Chancery,  Ihall  be  finiflied. 

Proceedings  of  XVIII.  A  N  D  Ic  it  further  Enacted,  hy  the  Authority  aforefaid.  That  the' 
the  raid  Court,  pj-gceedings  of  the  faid  Court  of  Chancery, 'fhall  be  according  to  the  Rules  here- 
tofore made  by  the  faid  Court,  and  fuch  as  fhall  be  hereafter  made  by  the  faid 
Court,  for  the  regulating  the  Practice  therein,  and  for  the  fpeedy  carrying  on 
•  and  determining  all  Suits  therein  commenced  \  and  that  all  Rules  now  made,  and  , 
hereafter  to  bd  made,  fhall  be  ffxed  up  in  the  Office  by  the  Clerk  of  the  Chapce- 
ry,  that  all  Perfons  concerned  may  have  Recourfe  thereto. 

STii/"""  ^^^-  AN B  he  it  further  Enacted^  hy  the  Authority  aforefaid.  That  the  Su-  ' 
preme  and  Principal  Court  of  Pleas  to  be  held  at  Newbern,  for  his  Majefty's  Pro- 
vince, on  the  Days  and  Times  herein  after' difefted,  (liall  be,  and  is  hereby  efta-  . 
blifhed,  by  the  Name  of  the  General  Court  of  North-Carolina,  and  fhall  con- 
fift  of  the  Chief  Juftice,  for  the  Time  being,  and  Three  Affociate  Juftices,  to 
be  commiffioned  by  the  Governor  or  Commander  in  Chief  for  the  Time  being, 
under  the  Seal  of  the  Province  :  Which  faid  Affociate?  fliall  be  vefted  with  the 
fame  Power  and  Authority,  as  Affociate  Juftices  in  England  ufually  have -,  and 
fliall  alfo,  in  Cafe  of  Sicknefs  or  Difability  of  the  Chief  Juftice,  or  where  he- Ihall 
be  a  Party,  have  full  Power  and  Authority  to  hold  the  faid  Court,  and  to  hear 
and  determine  all  Caufes  and  Matters  cognizable  therein. 

Procefs  from  the       XX.  A  N D  be  it  fwther  Enabled,  hy  the  Authority  aforefaid^  That  all  original . - 
-rffusir  "by*°th»  Procefs,  either  by  Writ  or  Summons,  or  any  other  Manner  or  Means,  to  bring, 
any  Perfon  or  Perfons  whatfoever  to  anfwer  any  Adion,  Suit,  Information,  Bill, 

or 


LA^S    of    Noil  th-Gar  o  L  I  N  A;  229. 


or  Plaint,  in  the  General  Court,  and  all  and  every  other  Procefs  at  the  Common   -^^M.^ii^.: 
Law,  whatfoeyer,  .(except  Summons  or  Subpcena  for  Witnefil^s,)  regukrly  and  ^j"*^"^",, 
legally  belonging  or  appearing  "to,  for,  or  concerning  any  Caufe,  Suit,  Mattery  «-/by'jhe'cti?f 
.or  Thing,  depending,  or  to  be  depending  or  profecutdtiv  in  the  General  Court,  J"^'"- 
Ihall  be  iiliied  by  the  Clerk  of  the  General  Court,  and  figned  by,  and  besr  leftj 
of  the  Chief  Juftice  for  tlie  Time  being.  '^^a  lo 

XXI.  ANT)  be  it  Enabled,  by  the  Authority  ^/crfJ^V*;/,- That 'ail-nfuch  Writs  P^'^efsv^-ii'^n  ■■"- 
:and  Pro.qefsx. (except  Subpcenas,  to  fummons  Evidences,  which  may  be  made '^'."^Tl'm/tobs 
returnable  immediately,)  fliall  be  returnable  ort- the-  firil  Day -of-  every  General  execuv^, 
'Court,  and  fliall  be  executed  'at  leaft  Tdn'Days  before  the  Day  mentioned  therein 
for  Return  thereof :  And  if  any  Perfon  takes  out  original  Procefs-  whiill  the  Ge- 
•neral  Court  .is..ntting,.qr  witliin  Ten  Days  bei ore  the  Beginning  of  any  General 
'Court,  fuch  Procefs  fhaW  be  rnade  returnable  to  the  next  General  Court,  after 
that  then '  (Tttihg  or  begirihihg  within  Ten  Days,  as  aforefaid ^  and  not  otherwife  ; 
and  all  fuch  Procefs  iffued,  made  returnable,  or  executed  at  any  other  Times,  and 
,in  any  other  Manner,  than  is  herein  direded,  fhall  be,  to  all  Intents  and  Pur- 
Ipol^s,  null  and  Void.  '  *■  ^' ^  -k\  ^^  vi  G.VlK  .TIIVaa       ^-vHv    - 

V   'l^y^VP'ROV  I'D  E^/D  always^    Tliat'thc  Two  next  fuccceding  ■General  Provif..  .:• , 
,'  Courts  fhall  be  held  at  EdentoUy  in  the  Months  of  March  and  July,  as  uuial  •, 
,  and  all  Procefs  fliall  bear  Tell,  and  be  returned  to  thefaid  Courts,  accordingly  ; 

and  that  "afterwards,  all  Procefs  fhall  bear  Teil,  and  be' returnable  to  the  General 

Court,  to  be  held  at  Newbern. 

I^'  'XXIli.  ^P  RO  V ID'J&'D  aifo.  That  nothing  herein  contained,  fl-iall  extend  Criminal  Profe. 

i-  I  h  '1  •  i>i  r        T»  11/1-1  cutons    returna- 

.  to  be  conitrued  to  mvalidate  or  vacate  any'Proctls,  Warrant,  or  other  Mandate  bie  at  any  Time 
'"  or  Precept,  ifllied  by  any  01  "the  Judges  or  Juilices  of  the  General  Court,  or  other  °^  ^^^  General 
~  Juftices  of  the  Peace,  or  by  the  Clerk  of  the  Crown,  on  any  Criminal  Profecu- 
"  tion,  or  in  his  Maj^fty's  Behalf,  but  that  the  lame  may  be  rtturnableto  any  Day 
',  in  the  Sitting  of  the  General  Court,"and  the  Proceedings  in  all  Criminal  Suits  and 
,-  Profecutions,  fh'all  be  had  according  to  the  Laws  and 'Statutes  of  Gr(f<7/-5n/^?>, 
_^^and  this  Province  ;  any  Thing  herein  contained  to  the  conttaryy  in  ^ny-wife, 
notwithftanding. 

r.      XXIV.  AND  be  it  further  EnaHed^  by  the  Authority  aforefaid^  That  from  On  a  Writ  to  the 
"and  after  the  Fifteenth  Day  of  July  nixt,  when  any  Writ  Ihall  ilTue  whereby  the  fe'^turf'^^'Bil'" 
..    Sheriff  is  commanded  to  take  the  Body  of  any  Perfon  or  Perfons  to  anfwer  unto  Bond,  with  two 
:;    any  Plaintiff  or  Plaintiffs,  in  any  Adion  in  the  General  Court,  the  Sheriff  fhall  bkSe'sum?""' 
return  therewith  a  Bail  Bond,  with  Two  fufficient  Securities,  for  double  the  Sum 
for  which  the  Perfon  or  Perfons  fhall  be  held  in  Arreil,  (Executors  or  Adminiftra-  Exrcutors  and 
tors  excepted,)  unlefs  fpecial  Caufe  fhewn  to  the  contrary  to  the:Clerks  Office,  excTpt"'d."  °" 
on  or  before  the  Firft  Day  of  every  CoUrt.  '^'"'^  ^-  ■  "d  il 

,.  ■  XXV.  PROVIDED  neverthelefs^  That  in  all  Anions  where  the  Damages  J[7"J'"f ' 'pj! 
are  uncertain,  and  the  Defendant  in  Cuftody,  or  hath  given  Bail  to  fuch  Aftion  or  magei  are unccr- 
Adions,  it  fliall  and  may  be  lawful  for  the  Defendant  to  apply  to  the  Chief  Juf- 
tice, or  any  of  the  Affociate  Juilices,  for  a  Summons,  to  fummon  the  Plaintiff, 
Or  his  Attorney,  at  fuch  a  Time  and  Place  therein  mentioned,  to  appear,  and 
flicw  Caufe  of  Adion  againll  tlie  Defendant ;  which,  if  the  faid  Plaintiff  fail  to 
do,  or,  by  the  Nature  of  the  Adion,  Bail  is  not  required*,'  \he  Defendant  fliafl  be 
difcharged,  and  the  Plaintiff  accept  of  an  Appearance,  as  in  other  Cafes :  And  if 
it  fliall  appear  to  the  faid  Chief  Juftice,  or  any  of  the  Affociate  Juftices,  from 
the  Nature  of  the  Adion,  that  Bail  is  required,  the  Plaintiff  fliall  fwear  to  his 
Caufe  of  Adion,  and  the  Defendant  enter  into  Bond,  with  Two  Sureties,  for 
double  the  Sum  or  Damage  fworn  to  by  the  faid  Plaintiff":  And  if  the  Sheriff 

M  m  m-  >  \<i  ,"  fliall 


tain. 


.1A 


>i 


230  -^    -^    ^-S     of    North-Carolina. 

^  D  1746.  fl^all  not  return  Bail,  or  the  Bail  returned  lliall  be  round  infuilicient  on  Exceptiori 
***-— y^— '  [oj^en,  then,  and  in  fuch  Cafe,  the  Sheriff  fliall  be  deemed,  taken,  and  ftand  as 
Special  Bail  for  the  Defendant ;  and  the  Plaintiff  fliall  not  be  delayed  in  his  Suit 
or  Adion,  but  fliall  and  may  proceed,  according  to  the  Rules  hereafter  mention- 
ed •,  and  on  Judgment  or  Recovery,  fhall  take  out  Execution  againft  the  Defen- 
dant, or  Sheriff,  or  both,  at  his  Election  -,  any  Law,  Ufage,  or  Cuftom,  to  the 
contrary,  notwkhftanding. 

j^ovifs/  XXVI.  P  ROV  ID  ED  always.  That  if  the  Defendant  puts  in  Special  Bail 

before  the  Time  to  plead  given  him  by  the  Rules  hereafter  mentioned  is  expired, 
then  the  faid  Sheriff  fhall  be  difcharged. 

Provif,.  _     XXVII.  PROV  ID  E  D  alfo.  That  the  Sheriff  may  furrender  the  Defendant, 

in  Difcharge  of  himfclf,  any  Time  before  Judgment  is  obtained  againft  the 
Defendant. 

proei-edingswhen  XXVIII.  AND  be  it  further  Enabled,  That  whrn  any  Sheriff  fhall  return, 
^inea  for"  w^'t  that  he  hath  taken  the  Body  of  any  Defendant,  and  committ."d  him  to  iTifun  for 
ef.Biii.  want  of  Bail,  the  Plaintiff  may  enter  the  Defendant's  l\  ppearance,  and  the  De- 

fendant fhall  be  at  Liberty  to  plead,  as  if  fuch  i^  ppearance  had  been  entered  by 
himfelf,  and  the  Plaintiff  may  proceed  on  to  Judgment,  as  in  oth.r  Cafes  in  this 
Acl  direfted  •,  neverthelefs,  fuch  Defendant  fhall  nut  be  difcharged  out  of  Cuflo- 
dy,  but  by  putting  in  Bail. 

fenaify  ok  tu  XXIX.  A N D  hc  it  furthcr  Enacted^  That  if  any  .'^heriff  fhall  n^gleft  to  ex- 
e-x«uUng"wriM  ^^utc  an/.  Writ  or  Writs  ifuiing  out  of  the  Gt  ncal  Court,  which  fliall  be  citlivered 
dciy.  unto  him  Twenty  Days  before  the  Courts  Sitting,  or  any  V\  rit  or  V/rits  iffuing 

out  of  the  County  Courts,  which  fhall  be  delivered  unto  him  Fiiteen  Days  bctOrc 
"  the  Courts  Sitting,  that  then  the  faid  Sheriff  fhall,  for  every  fuch  Ncglcd,  at  the 
Motion  of  the  Plaintiff  proving  fuch  Delivery,  be  ordered  and  obliged  to  pay, 
to  the  Party  grieved,  all  Cofts  and  Charges  that  may  accrue  in  taking  out  fuch 
Writ  or  Procefs,  and  be  further  liable  to  the  Suit  of  the  Party  injured  •,  unltfs 
the  faid  Sheriff  can  fhew  fufhcient  Caufe,  to  the  Court  iVom  whence  fuch  Pro- 
cefs iffued,  to  be  by  the  Court  allowed,  why  he  could  not  execute  the  fame. 

Bail  Bond  deem.  XXX  AND  he  it  further  Enabled,  That  no  Perfon  who  has  given  Bail  Bond 
ed  spccui  Bail,  ^q  ^j^g  Sheriff,  with  fuihcient  Sureties,  and  fhall  be  adjudged  good  by  the  Court, 
Ihall  be  compelled  to  put  in  Special,  or  any  other  Bail  •,  but  that  fuch  Ptrfon 
named  in  iuch  Bond,  Jliall  be  deemed  and  taken  to  be  Special  Bail,  and  liable  in 
the  fiime  Manner  to  the  Recovery  of  the  Plaintiff;  and  tliat  the  Plaintiff,  after 
inii  Judgment. '  final  Judgment,  fhall  not  take  out  Execution  againft  fuch  Bail,  until  an  Execu- 
tion tirft  be  returned,  that  the  Principal  is  not  to  be  found,  to  fatisfy  fuch  Judg- 
ment;  and  fhall  alfo  t:ike  out  a  Scire  Facias,  rtturnable  to  the  fan.e  Court, 
which  fhall  be  ferved  on  the  Bail  -,  and  that  after  the  Return  of  fuch  Execution 
againft  the  Principal,  and  Scire  Facias  aforefaid,  or  againft  the  Bail,  Fjcccution 
may  iffue  againft  the  Securities,  or  their  Eftates,  unit  Is  the  Bail  fhall  furr  nder 
the  Defendant  at  or  before  the  Return  of  the  Scire  Facia:,  without  any  other  Pro- 
cefs iffuing :  Any  Law,  Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

Procefs  to  ht  if.  XXXI.  AND  for  the  better  afcertaining  what  Procefs  may  or  fliall  be  iffued 
D^ft  iTnotVbl  '^^^'^  ^^'^  Sheriff"  fhall  return,  that  the  Defendant  is  not  to  be  found  within  his 
foond.  Bailiwick  -,  Be  it  Enabled,  That  where  the  Sh  rift'  fhall  make  Return  as  afcr.fiid, 

the  Plaintiff  or  Plaintiffs  in  any  A6tion,  fhall  and  may  fue  out  an /ktt^chnicnt 
againft  the  Defendant's  Eftate,  returnable  as  is  hen  in  before  dircded  for  the  Re- 
turn of  original  and  other  fubfequent  Procefs,  whi  reupon  to  force  an  Appearance,. 
Or  Capiasy  by  Continuance,  at  the  Elcdtion  of  the  Plaintiff  or  Plaintiffs ;  and  if 

the 


Proceedinps  sfter 


L    A  JV  S      of     N  O  R  T  H  -  C  A  R  O  L  I  N  A.  '  "    ^^  j 

the  Sheriff  fhall  return  any  Goods  by  him  attached,  and  if  the  Defendant  do  not  -^^  ^-  »746. 
plead  to  the  faid  Action  Within  the  I'ime  Jimitvd,  as  is  hereafter  diredled,  the  *" — ^•v-—— ' 
rlaintiff  iliall  be  entitulcd  (if  in  an  A<5Vion  of  Debt,)  to  a  final  Judgment,  and  if 
in  an  Action  on  the  Cafe,  to  a  Judgment  by  Default,  and  a  Writ  of  Enquiry  of 
Damages  to  be  executed  at  the  next  enfuing  Court  or  Afiize  ;  and  the  Goods  fo 
attached,  Ihall  remain  in  the  Cuilody  of  the  Sheriff"  'til  fuch  Judgment  obtained, 
and  then  to  be  difpofed  of  in  the  fame  Manner  as  Goods  taken  in  Execution  on  a 
Writ  of  Fieri  Facias  ;  and  if  the  Judgment  fhall  not  ht  fatisfied  by  the  Goods 
attached,  the  Plaintitf  may  have  another  Execution  for  the  Refidue.  ' 

^KX^jLW.  A  N  D  be  it  further  Enacted^  by  the  Authority  aforefaid^  That  from  Attachment  may 
.and  after  the  Ratification  of  this  A6t,  upon  Sufpicion  of  any  Perfon  or  Perfons  sufpidoVof  p"r- 
_  intending  to  remove  from   his  Place  of  Refidcnce,  and  that  he  is  about  to  with-  f^'^s  «emuving. 
.  drav/  himfelf  and  his  Eifeds  out  of  this  Government,  fo  that  Procefs  cannot  be 
ferved  on  his  Body,  or  that  he  hath  already  removed  himfelf,  the  Chief  Juflice, 
or  any  Juflice  of  the  General  Court,  or  any  Juflice  of  the  County  Courts,  inay 
grant  an  Attachment,  at  the  Prayer  of  the  Party  to  whom  fuch  Perfon  removing 
or  abfconding  is  indebted,  or  hath  done  any  Damage  or  Injury,  againft  the  Eflate 
of  fuch  Perfon,  returnable  to  the  Court  where  fhe  Debt  or  Matter  is  cognizable, 
as  is  herein  direi^ted  for  original  Writs  \  and  that  fuch  Attachment  fhall  be  deem- 
ed ed  the  leading  Procefs  to   fuch  Aftion,  and  the  fame  Proceedings  had  thereon  as- 
,  on  an  Attachment  on  a  Return  of  rion  eft  inventus^  by   the  Sheriff:  But   before  . 
■  fuch  Attachment  fliall  be  granted,  the  Party  moving  for  the  fame,  fhall  make 
Oatli  of  fuch  his  Sufpicion,  and   that  he  Vtrily  believes  fuch  Perfon  is  about  to 
withdraw  himfelf  and  Etfeds,  or  h-itli  withdrawn  himfelf -,  and  fhall  alfo  enter 
.  into  Bond,  to  the  Defendant,  with  fufhcient  Sureties,  to  fatisfy  all  Cofls  and 
I  Damages  thit  rnay  accrue  and  be  awarded  to  the  Defendant,  in  Cafe  fuch  Plain- 
tiff ihaii  fail  to  profecute  or  be  caft  therein  ;  v/hich  Bond  fhall  be  returned  by  the 
.  i  Juftice  into  the  Court  ^vhere  the  fame  is  cognizable.  ■  ^*'^ 

XXXIir.  PROVIDED  always.  That  the  Goods  fo  attached  in  either  Cafe,  P^^vifo. 
as  afore- mentioned,  fliall  and  may  be  replevied  by  Appearance,  and  Special  Bail 
.   being  given,  if  the  Defendant  fhafl  be  ruled  to  give  Bail  by  the  Court. 

XXXIV.  A  NDbe  it  further  Enacted,  by  the  Authority  aforefaid.  That  where  -^""Jhment^""* 
any  Perfon,  Inhabitant  of  any  other  Colony  or  Place,  fhall  be  indebted  to,  or  gainft  Goods  of 
hath  done  any  Tort  or  Injury  to  any  Perfon,  refident  and  an  Inhabitant  of  this  '"'='8"  Dcbtw*. 
Province,  and  cannpt  perfonally  be  ferved  with  any  Procefs,  and  hath  Effeds  in 
this  Government,  any  Juflice  may  grant  an  Attachment,  on  the  Party's  making 
Oath  to  tlie  Truth  of  fuch  his  Allegation,  agaihll  the  Eflate  of  fuch  Perfon,  re- 
turnable into  the  Court  where  the  Debt  or  Matter  is  cognizable,  fo  as  to  com- 
pell  an  Appearance  j  and  the  fame   Proceedings  fhall  be  had  thereon,  as  is  before 
mentioned. 

^     XXXV.  P  ROV  ID  ED  always.   That  the  Goods  fo  attached,    fhall  and  Good,  attached 
'--■   may  be  replevied  by  Appearance,  and  putting  in  Special  Bail,  if  the  Defendant  "^^^^IZlnX 
''-    fhall  be  ruled  to  give  Bail  by  the  Court :  And  if  the  Party  fhall  be  ruled  to  give 
Special  Bail  in  any  of  the  aforefaid  Cafes,  and  cannot  procure  fuch  Bail,  the 
Goods  fo  attached  fhall  remain  in  Cuftody  of  the  Sheriff,  and  fuch  Perfon  fhall 
be  admitted  to  plead  as  if  he  had  given  Bail,  and  the  Goods  left  in  the  Hands  of 
the  Sheriff,  after  Judgment  obtained,  fhall  be  liable  to  the  Recovery  and  Execu- 
tion of  the  Plaintiff  i  and  if  fuch  Goods  are  not  found  fufhcient  to  fatisfy   the 
PlaintiflPs  Judgment,  Execution  may  iffuc  for  the  Refidue,  or  the  Plaintiff  may 
"r^"  bring  his  Adlion  on  fuch  Judgment,  for  the  Sum  unpaid  and  unfatisfied. 

XXXVI.  AND 


232  Z.    ^     /^/^    »S      O/'     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


.1 


■A.  D.    1746.  .' 

*^— >^--^  XXXVI.  AND  whereas  divers  Perfons,  pofiefied  of  Eftates  in  Lartd^,  Tene- 
ilnis%ni  tep.v!  .mcnts,  and  Hereditaments,  in  this  Province,  having  contradled  Debts,  cr  which 
in^  the  Province  fl^^ll  hercattcr  contraft  De'ots  with  Traders  or  other  Perfons  refiding  here,  have 
Eftate"  ^'  ,and  may  depart  the  Province,  witiiout  leaving  perfonal  Eftate  fufncient  to  fatisfy 
the  fame;  and  there  not  being  fuitable  Provifion  made,  whereby  the  Lands  of 
fuch  Debtors  may  be  fubjed:  to  fatisfy  fuch  Debts  i  For  Remedy  whtr.of, 

juftkemay  iffae       XXXVII.  B  E  it  Enactedy'ty  ih:  Aulhbfltj  aforefaiS^  That  any  Juflice  fhall 
M  Attachment,    ^^^  j^^y  grant  an  Attachment,  at  the  Fraj^er  of  the  Perfon  to  whom  fuch  Perlon 
or  Perfons  as  aforefaid  is  or  are  indebted,  directed  to  the  Sheriff  of  the  County 
•     where  tlie  Lands  lie,  returnable  to  the  Court  where  the  Matter  is  cognizable-: 
,.        ,    And  if  the  Sheriff  returns  that  the  Perfon  hath  no  Goods  to  be  found  in  Ins  JBaili- 
had  thereon.        wick,  the  Court  fhall  grant  Judgment  for  the  Debt,  due  Proof  thereof  bting 
firft  made  -,  which  faid  Judgment  Ihall  be  final  in  Aftions  of  Debt  -,  and  in  other 
..Adions,  a  Writ  of  Enquiry  fhall,  at  the  Motion  of  the  Plaintiff,  be  then  exe- 
cuted, or  at  the  AfTize,  according  as  the  Vifne  is  laid  •,  upon  which  Judgment,  a 
Writ  of  Fieri  F.acias  IhaU  be  awarded,  returnable  to  the  next  fucceeding  CouFt. 

If  no  Good,  M       XXXVIII.  AND  he  it  f^rther  Enabled,  That  if  the  Sheriff  return  the  afore- 
te  found,  Lmda  f^j^  Writ  of  Fieri  Facias,  no  Goods  to  be  found  in  his  Bailiwick,  in  fuch  C^afc 
c  B  jc  c  .^  ^^^  Court  fhall  nominate  a^d  appoint  Five  Freeholders  of  the  faid  County,  who, 
,   on  Oath,  fliall  value  and  appraife  the  Lands  of  the  faid  Defendant,  or  fo  much 
thereof  as  fhall  be  fulficient  to  fatisfy  the  afofefuid  Judgment,  and  all  accruing 
Colls,  and  fhall  return  fuch  Appraifement,  under  their  Hands,  to  the  next  fuc- 
ceeding Court  after  fuch  Appraifement ;  and  thereupon  the  Court  fliall  order  the 
Lands  fo  appraifed  to  be  put  into  the  PofltfTjon  of  the  Plaintiff,  at  the  appointed 
Value ;  which  order  fhall  be  a  good  and  fufficient  Title  to  the  Plaintiff,  his  Pieirs 
and  AfTigns,  for  ever,  againit  the  Defendant,  his  Heirs  or  Afiigns  :  Any  Sale  of 
fuch  Lands  made  in  Foreign  Parts,  Adt,  Law,  Ufage,  or  Cultom,  to  the  con- 
trary, notwithftanding. 

KMiesintiieGi-      XXXIX.  A  N  D  for  a  more  fpeedy  Determination  of  all  Caufes  depending 
aerzJCo.rt.        jj^  j]^^  General  Court,  than  can  poflibly  be  obtained  by  the  pr^f  nt  Practice,  he 
it  Enacted,  by  the  Authority  aforefaid^  That  from  and  after  the  Fifteenth  Day  of 
Auguji  next,  thefc  following  Rules  and  Methods  fhall  be  obfcrvcd  j  to  wit, 

T  H  AT  the  Plaintiff  fhall  file  his  Declaration  on  or  before  the  Second  Day 
of  every  Court  or  Term,  in  the  OfHce  of  the  Cleik  of  the  General  Court,  and 
fcrve  the  Defendant  with  a  Copy  of  fuch  Declaration,  at  leaft  Ten  Days  before 
the  Sitting  of  the  Court  to  which  fuch  Suit  is  brought ;  or  a  N  on-profs  fhall 
be  entered  by  the   Defendant.. 

THAT  the  Defendant  fhall  appear,  and  plead,  or  demur,  within  the  firfl 
Four  Days  of  the  Term  to  which  the  Writ  is  returnable  -,  otherwife  the  Plaintiff 
fhall  have  Judgment  by  Default,  which,  in  Debt,  fhall  be  final,  unlels  the  Da- 
mages are  to  be  fuggcfted  on  the  Roll ;  in  that  Cafe,  and  in  all  Aftions  where 
the  Plaintiff  fhall  recover  in  Damages,  a  Writ  of  Enquiry  fhall  be  executed  the 
next  Court,  or  at  the  AfTizes :  Provided,  that  where  the  Nature  of  the  Afticn 
requires  Special  Pleading,  the  Court  may  enlarge  the  Time,  on  fufhcient  Caufe 
fhewn. 

THAT  where  the  Defendant  pleads  fpecially,  the  Plaintiff  fhall  reply  in 
Four  Days,  or  a  Non-profs  fhall  be  entered  by  the  Defendant ;  and  if  the  Plain- 
tiff replies,  and  in  his  Replication,  tender  an  Iffue,  the  Defendant  fhall  join  IfTue* 
or  demur,  in  Four  Days  j  and  when  the  Defendant  rejoins  to  the  Plaintiff's  Re- 
plication, 


— v^- 


LAWS    o/'North-Carolina.  233 

plication,  he  fhall  file  his  Rejoinder  in  Four  Days,  or  Judgment  fhall,  in  either    ^-  ^-  1746- 
Cafe,  go  againft  the  Defv^ndant,  by  Default,  unlefs  the  Time  for  fuch  Pleadings  ^^ 
fhall  be  enlarged  by  the  Court,  as  aforefaid  ;  and  the  fame  Time  fhall  be  given, 
and  Rules  obfervedj  through  the  whole  Courfc  of  Pleading. 

T  H  A  T  all  Iffues  fhall  be  tryed  at  the  next  fucceeding  Court,  or  at  the  neict 
AfTize,  after  the  Ilfue  joined,  without  any  Notice  given  by  the  Attorney  of  either 
Side  ;  nor  (hall  fuch  Gaufe  be  continued  or  delayed,  unlefs  Special  Caufe  be  Ihewn 
to,  and  approved  of,  by  the  Court. 

T  H  A  T  the  Clerk  of  the  General  Court  fhall  enter,  in  a  particular  DockeiC 
for  that  Purpofe,  all  fuch  Cafes,  and  thofe  only,  in  which  any  IfTue  is  to  be 
tryed.  Writ  of  Enquiry  to  be  executed.  Special  Verdid:  or  Demurrer  to  be  af- 
gued,  in  the  fame  Order  as  they  ftood  in  the  Courfe  of  Proceedings. 

THAT  wiicre  a  Special  Verdift  fhall  be  found,  or  where  there  fhall  be  a 
Demurrer  to  Evidence,  or  Bill  of  Exception,  Time  fhall  be  allowed,  upon  Mo- 
tion of  either  Party  to  the  next  General  Court,  to  argue  the  fanne. 

THAT  for  the  more  entire  and  better  Prefervation  of  the  Records  of  the 
Court,  where  any  Caufe  is  finally  determined,  the  Clerk  fhall  enter  all  the  Pro- 
ceedings therein^  and  other  Matters  relating  thereto,  in  a  Book,  to  be  kept  for 
that  Purpofe,  fo  that  an  entire  and  perfect  Record  may  be  made  thereof. 

T  H  A  T  all  Caufcs  to  be  tryed  by  Jurors,  be  firft  heared. 

T  H  A  T  all  Motions  in  Arrefl  of  Judgment,  fliall  be  argued  in  the  Four 
lafl  Days  of  the  Term  the  Iffue  is  tryed,  or  the  Court  after  any  Iffue  fhall  be 
tryed  at  the  Aflize  ;  the  Defendant's  Attorney  farft  ferving  the  Plaintiff's  At- 
torney with  a  Copy  of  his  Reafons  in  Arreft  of  Judgment,  the  next  Day  after 
fuch  Motion. 


/ 


THAT  all  Arguments  on  Writs  of  Error,  Special  Verdidls,  and  Demur- 
rers, be  heared  on  the  Four  laft  Days  of  the  Term,  and  at  no  other  Time. 

XL.  AND  be  it  further  Enabled,   That  all  the  Statutes  of  Jeofails  which  J^^  'JJl^' 
are  now  in  Force  in  England,  are  hereby  declared  to  extend  and  be  in  Force  here  ;  here, 
and  that  the  fame  be  duly  obferved  by  all  Judges  and  Juftices  of  the  feveral 
Courts  of  Record  within  this  Province,  according  to  the  true  Intent  and  Mean- 
ing of  the  faid  Statutes  -,  any  Law,  Ufage,  or  Cuftom,  heretofore  made  to  the 
contrary,  notwithftanding. 

XLI.  A  N  D  to  the  End  that  a  certain  Time  be  limited  for  the  Sitting  of  the  General  Cowt^ 
General  Court,  and  that  Pcrfons  who  have  any  Suit  or  Matter  there  depending,  to  b«  hdd,^  ^' 
may  the  better  know  when  to  attend,  and  that  their  Bufmefs  may  be  the  better 
difp;:tched  -,  Be  it  Enabled,  by  the  Authority  aforefaid.  That  the  General  Court 
fhall  be  held  at  Newbern  Twice  every  Year,  to  wit.  On  the  Second  '^ruefdays  in 
September  and  March,  Yearly  -,  and  every  Court  fhall  continue  to  be  held  Twelve 
Days,  Sundays  exclufivcj   and  no  longer. 

XLII.  PROVIDED  neverthekfs.  That  if  all  Suits  and  other  Matters  de-  Provifo. 
pending  in  the  faid  Court,  fhall  be  ended  in  lefs  Time  than  the  Days  appointed 
by  this  Aft  for  the  faid  Court  to  be  holden,  it  fhall  and  may  be  lawful  to  adjourn 
the  fame  until  the  next  fucceeding  General  Court. 

N  n  n  XLin.  AND 


2TA  LAWS      of     N  O  R  T  H  -  C  A  R  O  L   I  N  A. 

A.  D.    174.6. 

v_— ^ — "^  XLIII.  A  N  D  he  it  further  EnoMed,  by  the  Authority  aforefaid.  That  the 
co^rt  when"  nd  firft  General  Court  to  be  held  at  Neivbern^  ihall  begin  on  the  Second  1'iiefday  in 
*fhare  to  be  held.  September, '  next  after  the  Ratification  of  this   Ad ;  to  which  Time  and  Place, 

all  Bufinefs  depending  in  the  General  Court  in  July  next,  (hall  ftand  continued 

and  adjourned. 

n  ,    f    .  1,  „      XLIV.  AND  forafniuch  as  in  many  Cafes  in  the  Tryal  of  Matters  of  Fad  in 

Rules  for   taking  -ivx-ix  1  .    j.i.  1.  .  ■         ',  rr  ■  r  i   -itt-  /t-  1 

Affidavits   of     the  General  Court,  it  may  be  neceiiary  to  examme  leveral  Witneffes,  that  the 
Witneffes.         Xruth  in  fuch  Cafes  may  be  the  better  known  ;  Be  it  Enacted,  by  the  Authority 
aforefaid.  That  the  following  Orders,  Rules,  and  Methods,  in  taking  of  Affida- 
vits of  Witneffes,  in  all, Cafes  depending,  or  to  be  depending,  in  the  faid  Court, 
"and  every  of  them,  be  obferved  and  put  in  Praftice  •,  to  wit, 

T  H  A  T  in  all  Caufes  where  Witneffes  are  to  appear  at  the  General  Court,  a 
Summons  fhall  be  iffued  by  the  Clerk,  for  the  Time  being,  direfted  to  the 
Sheriff  of  the  County  where  fuch  Perfons  refide,  exprefsly  mentioning  the  Time 
and  Place  where  the  Witneffes  are  to  appear,  and  the  Names  of  the  Parties  to  the 
Suit  wherein  they  are  to  give  Evidence,  and  at  whofe  Requeft  they  are  fum- 
moned. 

THAT  every  Subpoena,  made  returnable  immediately,  (hall  be  perfonally 
ferved  on  any  Perfon,  who  is  thereby  fummoned  as  a  Witnefs  to  attend  the  Ge- 
neral Court. 

T  H  A  T  a  Copy  of  any  Subpoena  or  Summons,  iffued  by  the  Clerk  in  the 
Vacation,  and  returnable  on  the  firft  Day  of  Court,  or  any  other  Day  of  the 
Court,  or  on  the  firft  Day  of  the  Affize,  in  Cafe  the  Perfon  therein  named  be  not 
found  at  home  at  the  Time  of  going  to  ferve  the  fame,  left  at  the  ufual  Refidence 
or  Abode  of  fuch  Witnefs  or  Witneffes  therein  named,  by  the  Sheriff,  Five  Days 
before  the  Return  of  fuch  Writ,  fliall  be  deemed  a  good  and  valid  Service,  and 
the  Perfon  thereby  bound  to  appear. 

..,-.,..,  rr  • 
Penalty  on  Wit-      XLV.  A  N  D  be  it  further  EnaBed,  That  if  any  Perfon  be  fummoned  to  at- 
attS.^"''"^  '°  tend  accordingly,  every  fuch  Perfon  fo  failing,  fhall  forfeit,  to  the  Perfon  or 
Perfons  at  whofe  Suit  the  Summons  iffued.  Twenty  Pounds,  Proclamation  Mo- 
ney ;  and  fhall  be  further  liable  to  an  Aftion  on  the  Cafe,  for  what  Damages 
fuch  Perfon  fhall  fuftain,  for  Want  of  fuch  Witnefs' s  Teftimony. 

Provifo.  XL  VI.  PROVIDED  always.  That  if  fufficient  Caufe  be  fhewn  by  the 

Perfon  fo  fummoned,  and  failing  to  appear,  of  his  or  her  Incapacity  to  attend, 
at  the  Time  he  or  flie  ought  to  have  appeared,  then  no  Forfeiture  or  Penalty  fliall 
be  incurred  by  fuch  Failure :  But  if  fufficient  Caufe  be  not  fhewn,  at  the  next 
fucceeding  Court  after  fuch  Failure,  on  Notice  given,  it  fhall  and  may  be  lawful 
for  the  faid  Court,  upon  Motion  of  the  Party  for  whom  fuch  Witnefs  was  fum- 
moned, to  grant  Judgment  for  the  Forfeiture  afore-mentioned,  againft  the  Per^ 
fon  or  Perfons  fo  fummoned  and  failing  to  appear,  as  aforefaid. 

Witnefs  unable  XLVII.  A  N  D  be  it  further  Enacted,  That  if  any  Witnefs,  by  Sicknefs, 
to  attend,  Depo-  Age,  or  Other  lawful  Difability,  be  incapable  of  attending  to  give  his  or  her  Evi- 
tnken,"^^  dencc,  according  to  fuch  Summons,  on  Oath  made  thereof,  the  Judge  or  Juf- 
tices  of  the  General  or  County  Court  where  fuch  Suit  is  depending,  fhall  or  may, 
by  a  Commiffion  or  Commiffions,  from  Time  to  Time,  as  Need  may  require, 
impower  fuch,  and  as  many  Perfons  as  they  fhall  think  fit  and  neceffary,  in  any 
County  within  this  Government,  to  take  and  receive  all  and  every  of  the  Depofi- 
tions  of  any  Perfon  or  Perfons  fo  difabled,  as  aforefaid. 

XLVIII.  PRO- 


LAWS    o/'    North-Carolina.  2^c 

..    ;'I"  -    ■^'•^  A.    D.      1746. 

XLVni.  P  R-O  V I D  Ely  always.  That  the  Party  praying  for,  and  obtain-  "^--v ^ 

ing  fuch  Commiflion  or  Coinmiffions,  for  taking  and  receiving  any  Depofitions  ^'"""'^'' 
aforefaid,  fhall  make  known  to  the  other  Party  againft  whom  the  fame  is  to  be 
taken,  die  Time  and  Place  of  the  Execution  of  every  fuch  CommifTion,  at  leaft 
Tea  Days  before  the  Day  appointed  for  fuch  Execution  %  who  fhall  have  Liberty 
to  crofs  examine  fuch  Witneffes  ;  and  all  Depofitions  otherwife  taken  than  is 
herein  direded,  fhall  be,  to  all  Intents  and  Purpofes,  null  and  void.    -•'">'I'jI  ■ -ii 

XLTX.-  AND  he  ii  further  Enacted,  That  if  any  Perfons  wliofoever,  be  fum-  Penalty  on  Per- 
moned  as  a  Witnefs,  and  upon  his  or  her  Appearance  in  the  General  or  County  ^"^^  '••^fufing  to 
Court,  or  before  the  Perfon  appointed  to  take  Depofitions  as  aforefaid,  fhall  re-  ^'"^ 
fufe  to  give  Evidence,  upon  Oath,  fuch  Perfon  fo  refufing,  fhall  immediately    ' 
be  thereupon  committed  to  the  Common  Goal,  there  to  remain,  without  Bail  or 
Mainprize,  until  he  or  Ihe  fhall  be  wilHng  to  give  Evidence,  upon  Oath,  in  fuch 
Manner  as  the  Law  now  doth,  or  at  any  Time  hereafter,  fhall  dired:.'"  ■••■''•'  ■"-  '^"^ 

.  L.  PROVIDED  always.  That  the  People  called  ^?^^/^^r/,  fhall  have  the  Q^aicers  aiWed 
feme  Liberty  of  giving  their  Evidence,  by  Way  of  Solemn  Affirmation  or  De-  iheirAfiirmation. 
claration,  as  by  an  Aft  of  Parliament,  made  in  the  Eighth  Year  of  the  Reign  of 
the  late  King  George,  intituled.  An  A£i,  for  grantiytg  to  the  People  called  Qua-' 
kcrs,  fuch  Forms  of  Affirmation  or  Declaration,    as  may  remove  the  Difficulties 
which  many  of  them  lie  under ;  and  that  all  Negroes,  Mulattoes,  bond  and  free, 
to  the  Third  Generation,  and  Indian  Servants  or  Slaves,  fhall  be  deemed  and  ^vS.fceon! 
taken  to  be  Perfons  incapable,  in  Law,  to  be  Witneffes  in  any  Caufe  whutfo-  '>  agaimi  one  a- 
ever,  -except  againfl  each  other.  "°'*"""' 

LI.  AND  he  it  further  Enacted,  That  during  the  Attendance  of  any  Per-  witnenesexempt 
fon,  fummoned  as  a  Witnefs  at  the  General  or  County  Courts,  and  as  the  faid  ^l"""'  Procefs,da. 
Perfon  fhall  be  going  to,  and  returning  from  the  Place  of  fuch  Attendance,  al-  ""^  Attendance,., 
lowing  One  Day  for  every  Twenty  Five  Miles  fuch  Perfon's  Refidence  fhall  be  ' 

diftant  from  the  fame,  no  Perfon  wliofoever  fhall  f erve  or  execute,  or  caufe  to  be 
ferved  or  executed,  upon  any  Perfon  fo  attending,  going  to,  or  returning  from, 
fuch  Place  of  Attendance  as  aforefaid,  any  Writ,  Procefs,  Warrant,  Order,. 
Judgment,  or  Decree,  in  any  Caufe  5  and  if  fuch  fhall  be  ferved  or  executed, 
the  fame  fhall  be  void,  to  all  Intents  and  Purpofes. 

LII.  AN D  he  it  further  Enacted,  That  for  every  Mile  any  Perfon  fhall  Allowance  for 
travel,  either  in  going  to,  or  returning  from,  the  Place  where  he  or  fhe  fhall  be  Evidences, 
fummoned  to  appear  as  a  Witnefs,  there  fhall  be  paid  to  him  or  her,  by  the  Per- 
fon or  Perfons  on  whofe  Behalf  the  Summons  iffued.  Three  Half  Pence,  Procla- 
mation Money,  per  Mile,  together  with  the  neceffary  Charges  of  Ferriage,  in 
going  and  returning,  and  Two  Shillings,  Proclamation  Money,  per  Day,  for 
every  Day's  Attendance,  from  the  Time  appointed  for  Appearance,  until  the 
Time  fuch  Perfon  fhall  have  given  his  or  her  Evidence,  or  fhall  be  difcharged. 

LIII.  AND  he  it  further  Ena^ed,  That  in  any  Bill  of  Colls,  there  fliall  not  3  witnefles  ai- 
.be  allowed  the  Charge  of  above  Three  Witneffes  to  the  Proof  of  any  one  particu-  i°vved  tocneFaa. 
lar  Matter  of  Fad. 

LIV.  P  ROV  ID  ED  always.  That  no  Suit  fliall  be  brought  to  the  General  ^o  suit  to  be  in 
Court,  for  a  lefs  Sum  than  Five  Pounds,  Proclamation  Money ;  unlefs  the  Plain-  «he  Cen.  court 
tiff  and  Defendant  live  in  different  Counties.  ^'"  ^"^^  '^''^  5  L 

LV.  AND  for  the  ■  better  Eftablifhing  the  County  Courts  within  this  Pro-  county  courts 
vince,  and  regulating  the  Proceedings  therein  j  Be  it  Ena^ed,  That  in  every  Eft.ibii*fd. 
'*"  County 


i^6  LA  W  S    of    North-Carolina. 

ii    '•>   I    .  — . ■ _ — , 

A.  D.  1746.    County  within  this  Government  relpecftively,  there  fhall  be  held  Four  Courts  in 


s/ 


the  Year,  at  fuch  Times  and  Places  as  heretoiore,  according  to  antient  Cuftom 
and  Ufage,  hath  been  known,  ufed,  and  practifed. 


Three  jufticei  to  LVI.  AND  be  it  Enabled,  by  the  Authority  aforefaid^  That  the  Juftlces  of 
"ry  all  Matte"  by  thc  afotefaid  County  Courts,  or  any  Three  of  them,  fliall  and  may  take  Cogni- 
them  oognirabie.  ^ance  of,  and  are  hereby  declared  to  have  full  PoArer,  and  lawful  Authority, 
and  Jurifdiftion,  to  hear,  ■  try,  and  determine^  all  Caufes,  A6tions,  Suits,  Mat- 
ters, and  Things,  at  Comm.on  Law,  where  the  Debt,  Damages,  and  Caufe  of 
Adtion,  is  above  Forty  Shillings,  Proclamation  Money,  and  does  not  exceed 
Twenty  Pounds  like  Money  •,  (Actions  of  Trefpafs  in  Ejectment,  Writs  of  For- 
medon  in  Dccender,  Remainder,  and  Reverter,  always  excepted  •, )  and  all  Petty 
Larcenies,  Affaults,  Batteries,  and  Trefpafies,  Breaches  of  the  Peace,  Crimes, 
Offences,  and  all  other  Mifdemeanors,  of  what  Kind  foever,  of  an  inferior  Na- 
turCi  may  hear,  (Forgery  and  Perjury  excepted,)  by  Indidment,  Information,  or 
Prefentment ;  and  all  Matters  pertaining  to  Orphans,  and  their  Eftates,  and  all 
Petitions  for  filial  Portions  and  Legacies,  or  other  Parts  of  Inteftates  Eftates : 
tiie'tr  Power  out  And  that  the  faid  Juftices  of  the  Peace,  and  every  of  them,  from  Time  to  Time, 
and  at  all  Times,  during  their  Continuance  in  that  Office,  as  well  out  of  Court, 
as  within,  fhall  have  full  Power  and  Authority,  as  amply  and  fully,  to  all  In- 
tents and  Purpofes,  as  Juftices  ot  the  Peace  in  the  Counties  in  England^  as  well 
out  of  their  Court  of  Quarter  Seflions,  as  within,  to  preferve,  maintain,  and  keep 
the  Peace  within  their  refpeclive  Counties ;  and  in  the  hearing,  trying,  and  deter- 
mining of  all  Caufes,  according  to  the  Authorities  and  Powers  granted  to  them 
by  this  Ad,  or  which  ftiall  be  granted  to  them  by  any  other  or  more  A6t  or 
Ads,  and  every  of  them,  fhall  proceed  to  do  Juftice,  to  all  Perfons  whatfoever, 
according  to  Law. 


of  Court. 


'O 


Attnrney  Gene-  LVlt.  AND  be  it  further  Etia^ed,  That  the  Attorney-General,  for  the  Time 
Oepnty 'Teach  being,  is  required  and  authorized  to  appoint  a  Deputy  in  each  County  within 
County.  i-i^js  Province  ;  which  faid  Deputy  (hall  and  may  profecute  all  Matters,  cogniza- 

ble in  the  County  Court,  for  and  in  Behalf  of  his  Majefty,  and  fhall  take  and  re- 
ceive Thirteen  Shillings  and  Four  Pence,  Proclamation  Money,  on  each  and 
every  Bill  of  Indidment  found,  or  Prefentment  made,  in  the  faid  Court  in  which 
he  is  or  fhall  be  Deputy. 

County  Courti       LVIIl.  AND  that  all  Perfons  may  be  at  the  greater  Certainty  when  to  attend 

vrhen  held.         ^^^  j-^- j  Coutts  J  Be  it  Enacted,  by  the  Authority  aforefaidy  That  the  Courts  of 

the  fevcral  Counties  fhall  be  holdcn  on  the  refpedive  E)ays,  and  at  the  refpedive 

Places  they  were  ufually  held,  and  fhall  not  be  adjourned  to  any  other  Time  than 

the  next  fucceeding  Court  which  fhall  be  in  Courfe,  Quarterly. 

Court's  Power  to  LIX.  P  ROV  ID  ED  ulways.  That  if  it  fhall  fo  happen,  that  all  the 
adjourn.  Caufes  depending,  or  to  be  depending  in  any  of  thc  faid  Courts,   cannot  be 

heared,  tryed,  and  determined,  upon  the  Day  appointed  for  holding  the  Courts 
refpedively,  that  then,  and  in  all  fuch  Cafes,  it  fhall  and  may  be  lawful  for  the 
Juftices  of  fuch  Courts,  to  adjourn  and  hold  the  Court,  de  Die  in  Diem,  fo  as  the 
faid  Court  fhall  not  continue  to  be  held  longer  than  Five  Days  -,  in  which  Time, 
all  Caufes  and  Controverfies  then  depending  before  them,  fhall  be  heared,  tryed, 
and  determined,  or  continued  over  until  the  next  Court  in  Courfe. 

Ruies^  irt  ths         Lx.  AND  for  the  regular  and  fpeedy  Profecution  and  Determination  of  all 
oun.y   ou.  s.    ^^^j^^^^  ^^^  S\\\is.  in  the  faid  County  Courts,  Be  it  Ena^ed,  by  the  Authority 
aforefaidy  That  the  following  Rules  and  Methods  fhall  be  obferved,  to  be  thc 
Pradlice  of  the  feveral  County  Courts  within  this  Province  :  That  all  Writs,  Sum- 
mons, or  other  Frocefs,  to  bring  any  Perfbn  or  Perfons  into  Court,  from  and 

after 


t    J     ^^    S       o/'     N  O  R  T  H  -  Ca  R  O  L   I  N  A.  ^3^ 


after  the  faid  Fifteenth  Day  of  Jah;  next  after  the  Ratification  of  this  Act,  fliall    ^^^  ^-   '746. 
be  fio-ned  and  bear  Teft  by  the  Clerk  of  the  County  Court  from  whence  fuch  v 

Procefs  ilTues. 

LXI.  AND  be  it  further  Enactedy  hy  the  Authority  afcrefaid.  That  all  fuch  Writs, &c.  when 
Writs,  Summons,  or  other  Procefs,  (except  Subpoenas  to  fummon  Evidences,  '|j*"Jha?T>me"Q 
which  may  be  made  returnable  immediately,)  fhall  be  returnable  on  the  Firft  1^-  seemed. 
Days  of  fuch  Court,  and  Ihall  be  executed  at  leaft  Five  Days  before  the  Day 
mentioned  therein  for  Return  thereof-,  and  all  Declarations  fhall  be  fervcd  at  leaft 
Five  Days  before  the  Day  of  the  Sitting  of  the  Court :  And  if  any  Perfon  ifilies 
any  Writ  or  Procefs  whilft  fuch  Court  is  fitting,  or  within  Five  Days  before  the 
Beo-inning  of  any  County  Court,  fuch  Writs  or  Procefs  Ihall  be  returnable  to  the 
County  Court  after  that  then  fitting  or  beginning  within  Five  Days,  as  aforefaid, 
and  no  otherwife  ;  and  all  Writs  and  Procefs  iffued,  made  returnable,  or  executed, 
at  any  other  Times,  and  in  any  other  Manner  than  is  herein  directed,  Ihall  be 
null  and  void. 

LXII.  PROVIDED  always.  That  nothing  herein  contained,  fhall  ex:-  Except  in  Cnmi- 
tend  or  be  confbrued,  to  invalidate  or  vacate  any  Writ,  Procefs,  Warrant,  or 
Precept,  iffued  by  any  of  the  Juftices  of  the  County  Courts  on  any  Criminal 
Profecution,  or  in  his  Majefty's  Behalf,  but  the  fmie  may  be  returnable  on  any 
Day  in  the  Sitting  of  the  faid  Court  •,  and  the  Proceedings  in  all  Criminal  Suits 
and  Profecutions,  fhall  be  had  according  to  the  Laws  and  Statutes  of  Great- 
Britain,  and  this  Province :  Any  Thing  herein  contained  to  the  contrary,  in 
any-wife,  notvvithftanding. 

LXIII.  AND  he  it  further  Enabled,  hy  the  Authority  aforefaid.  That  from  shcrifsDuty,  «ft 
and  after  the  faid  Fifteenth  Day  of  July,  when  any  Writ  fliall  iffue  to  take  the  =  "^"'  «"  "^e 
Body  of  any  Perfon  to  anlwcr  unto  any  Plaintiff,  in  any  Ad"ion  in  a  County  perfon/  °  ^"'^ 
Court,  the  Sheriff  Ihall  return  therewith   a  Bail  Bond,  with  Two  fufficient  Se- 
curities, for  double  the  Sum  for  which  the  Perfon  fliall  be  held  in  Arrell,  (Exe- 
cutors and  Adminiftrators  only  excepted,)  to  the  Clerk,  on  or  before  the  firfl 
Day  of  every  Court;  and  if  the  Sheriff  fhall  not  return  Bail,  or  the  Bail  fo  re-  OiwhatiiiUet©. 
turned  fhall  be  found  infufficient,  upon  Exception  taken  thereto,  then,  and  in 
fuch  Cafe,  the  Sheriff  fhall  be  taken  and  fland  as  Special  Bail  for  the  Defendant, 
and  the  Plaintiff  fhall  not  be  delayed  in  his  Suit  or  Adtion,  but  fhall  and  may 
proceed,  according  to  the  Rules  hereafter  mentioned  •,  and  on  Judgment,  or  Re- 
covery, fhall  take  out  Execution  againft  the  Defendant  or  Sheriff  j  any  Law, 
Ufage,  or  Cuftom,  to  the  contrary,  notwithftanding. 

LXIV.  PROVIDED  always.  That  if  the  Defendant  puts  in  Special  Bail,  P-^^^if". 
before  the  Time  to  plead  given  him  hereafter  mentioned  is  expired,  then  the  faid 
Sheriff  fhall  be  difcharged. 

LXV.  P  ROV  ID  ED  alfo.  That  the  Sheriff  may  furrender  the  Defendant,  Pro«fo. 
in  Difcharge  of  himfelf,  any  Time  before  final  Judgment  is  obtained  againft  the 
Defendant. 

LXVI,  AND  he  it  further  Ena£fed,  hy  the  Authority  aforefaid.  That  from  ?"^^j*°  ^^"^^ 
and  after  the  faid  Fifteenth  Day  of  July,  the  Defendant  fhall  enter  his  Appear-  County  Courtis, 
ance,  and  file  his  Plea,  whether  General  or  Special,  the  firft  Court,  which,  if  he 
fail  or  negledl  to  do,  the  Plaintiff  fhall  have  Judgment,  by  Default ;  which  faid 
Judgment,  in  Aftions  of  Debt,  fhall  be  final,  except  where  Damages  are  to  be 
fuggefted  on  the  Roll,  in  which  CafcSj  and  all  others  where  the  Plaintiff  fhall  re- 
cover in  Damages,  a  Writ  of  Enquiry  fhall  be  executed  the  next  Court. 

O  o  o  THAT 


238  LAWS     0/'    North-Carolina. 


A.  D.    1746. 

k ^ — -^       T  H  A  T  all  Iffuesj  whether  General  or  Special,  ihall   be  joined,  tryed,  and 

argued,  the  next  fucceeding  Court ;  unlefs  fufficient  Caufe  is  ftaewn  to  fuch 
Court,  why  fuch  Caufes  fhall  be  continued  or  laid  over  to  the  next  Court  then 
fucceedino;. 


o 


Appeala    how 

granted.  nctal 


THAT  all  Caufes  at  Iffue,  ready  for  Tryal,  fhall  be  firft  heared  and  tryed. 

THAT  every  Motion  in  Arreft  of  Judgment,  fhall  be  made  and  argued. 
Ore  Tenus,  the  laft  Day  of  the  fame  Court  the  Illue  is  tryed. 

THAT  where  any  Special  Verdift  fhall  be  found,  or  Demurrer  to  Evidence 
filed,  at  the  Motion  of  either  Party,  Time  fliall  be  allowed  to  the  next  fucceed- 
ing Court  for  hearing. 

T  H  A  T  the  Clerk  of  every  County  Court,  when  any  Caufe  is  finally  deter- 
mined, fhall  enter  all  the  Pleadings  and  other  Matters  relating  thereto,  into  a 
Book,  to  be  kept  for  that  Purpoie,  that  an  entire  and  perfeft  Record  may  be 
made  up. 

LXVII.  A  N  D  for  granting  of  Appeals  from  the  County  Courts,  to  the  Gc- 
.iv.ral  Court,  and  obtaining  Writs  of  Error  to  the  County  Court-,  Be  it  Enatled, 
by  the  Authority  afore/aid.  That  when  any  Perfon  or  Perfons,  either  Plaintiff  or 
Defendant,  fliall  be  diilatisfied  with  the  Judgment  of  the  County  Court,  and 
pray  an  Appeal  to  the  General  Court,  fuch  Perfon  or  Perfons,  before  fuch  Ap- 
peal fhall  be  granted,  fhall  enter  into  a  Recognizance,  with  Two  fufficient  Sure- 
ties, for  profecuting  the  fame,  and  to  perform  the  Judgment  of  the  General 
Court,  and  pay  the  Condemnation  Money,  in  Cafe  the  Appellant  fliall  be  cafl  in 
the  faid  Suit. 

Writs  or  Error  LXVIII.  AND  becaufe  it  often  happens,  that  in  ifTuing  of  Procefs,  carrying 
how  obtained,  on  the  Proceedings,  and  in  rendering  Judgment  in  the  faid  County  Court,  there 
is  Error,  to  reverfe  Judgment  •,  Be  it  Ena^ed,  That  when  any  Defendant  is  de- 
firous  to  profecute  a  Writ  of  Error,  he  fhall  move  the  County  Court  where  fuch 
Suit  is  depending,  to  allow  a  Writ  of  Error,  he  firft  entering  into  a  Recog- 
nizance as  above  mentioned  j  and  the  faid  County  Court  is  hereby  to  allow  there- 
of, as  if  fuch  Writ  of  Error  was  then  and  there  produced. 

Rules  of  Court  LXIX.  AND  for  tarrying  on,  and  profecuting  fuch  Appeals  and  Writs  of 
in"  Appeals  and  En'or,  to  and  from  the  General  Court  •,  Be  it  Ena^ed,  by  the  Authority  afore- 
Writ. .f  Error,    j-^.^^^  ^j^^^.  ^.j^^  following  Rulcs  and  Methods  of  Pradice  fhall  and  may  be  ob- 

ferved  j  to  wit, 

THAT  when  any  Perfon,  either  Defendant  or  Plaintiff,  conceives  he  is  in- 
jured by  any  Judgment  given  in  the  County  Court,  he  may  appeal  to  the  Ge- 
neral Court,  in  Manner  and  Form  as  above  dircfted  -,  and  a  1  ranfcript  of  the 
Proceedings  of  the  County  Court,  fliall  be  filed  with  the  Clerk  of  the  General 
Court,  Fifteen  Days  before  the  Sitting  of  the  Court,  and  a  Tryal  de  Novo  thereon 
fhall  be  had  at  the  faid  General  Court,  or  Court  of  Aflize,  where  the  Vifne  is  laid  in 
any  County  where  the  AfTize  is  held,  and  a  Tranfcript  of  the  Proceedings  of  fuch 
County  Court  fliall  be  fcnt  down  from  the  General  Court  to  the  Aflize,  in  Order 
for  fuch  Tryal,  without  further  Notice  given  by  either  Party  -,  and  if  fuch  Tran- 
fcript of  the  Proceedings  is  not  filed  within  the  Time  aforefaid,  with  the  Clerk 
of  the  General  Court,  or  if  the  Appellant  fliall  fail  to  appear  at  the  General 
Court,  to  profecute  his  Appeal,  then  the  Judgment  of  the  County  Court  fhall 
be  affirmed  j  provided,  that  there  fhall  be  Thirty  Days  between  the  Day  of  Tryal 

in 


L  A  IF  S    of    North-Carolina.  239 

in  the  County  Court,  and  the  next  fucceeding  General  Court :  But  when  it  fo    ^-  d.  1-46- 


-•v- — 


happens,  that  there  are  not  Thirty  Days  between  fuch  Tryal  and  the  General 
Court,  fuch  Appeal  fhall  be  continued,  and  a  Tranfcript  of  the  Proceedings 
tranfmitted  to  the  General  Court  then  next  following  :  And  where  any  Dtten- 
dant  will  profccute  a  Writ  of  Error,  he  miift  move  the  County  Court  where  the 
fame  is  depending,  and  enter  into  a  Recognizance,  as  before  mentioned,  where- 
upon a  Tranfcript  of  the  Proceedings  Ihall  be  hied  with  the  Clerk  of  the  General 
Court,  Fifteen  Days  before  the  Court ;  and  the  Defendant  profecuting  fuch  Writ 
of  Error,  fiaall  aingn  and  hie  Errors  Fifteen  Days  before  the  Court ;  and  in  Cafe 
fuch  Defendant  fliall  negleft  to  file  fuch  Writ,  and  aflign  Error,  as  abovefaid, 
or  fliall  fail  to  appear  and  argue  fuch,  then  the  Judgment  of  the  County  Court 
fhall  be  affirmed  :  Provided,  that  there  fliall  be  Thirty  Days  between  fuch  Mo- 
tion for  obtaining  a  Writ  of  Error,  and  the  Time  of  holding  the  General  Court. 

LXX.  AND  in  Order  to  oblige  the  Clerks  of  the  County  Courts  to  draw  cierk  to  draw  a 
Tranfcripts  in  fuch  Caufes  where  an  Appeal  is  granted,  or  W^rit  of  Error  allow-  Tr-infcipt  ofthe 
ed  •,  Be  it  EnaSf:d^  That  in  every  County  Court  within  this  Government,  when  a'livcr  i't^Vothe 
an  Appeal  ihall  be  granted,  or  Writ  of  Error  allowed,  the  Clerk  of  fuch  Court  |^;"y  ^uiiin  la 
fliall   immediately   make  up  a  full  and  perfect  Record  of  all  the  Proceedings  in  nai'ty' of  51. 
fuch  Caufes,  and  fhall,  within  Twelve  Days  after  the  Adjournment  of  the  faid 
Court,  give  an  attcfted  Tranfcript  of  fuch  Record  to  the  Perfon  appealing,  or  to 
whom  the  Writ  of  Error  is  allov/ed  j  and  every  Clerk  neglefting  to  do  the  fame, 
ftiall  forfeit  and  pay,  to  the  Appellant,  or  Defendant,  the  Sum  of  Five  Pounds, 
Proclamation  Money,    to  be  recovered,  by   fuch  Appellant  or  Defendant,  by 
Adlion  of  Debt,  Bill,  Plaint,  or  Information,  in  the  County  or  General  Court ; 
wherein  no  EfToign,  Injundlion,  or  Wager  of  Law,  fliall  be  allowed  of:  And 
the  faid  Clerk  fhall  alio  be  liable  to  an  Aftion  on  the  Cafe  for  Damages,  to  be 
recovered  by  the  Perfon  who  is  hereby  intituled  to  an  attcfted  Tranfcript. 

LXXI.  AND  be  it  further  Ena5ied^  by  the  Atithorty  aforefaid^  That  all  and  cieristo  atteni 
every  Clerk  and  Clerks,  of  the  feveral  County  Courts  within  this  Province,  fhall  \^^^^  ^"  "^^^7^ 
be  obliged  to  attend.  One  Day  in  every  Week,  either  at  his  Place  of  Abode  in  offices,  on  I'c- 
the  faid  County,  or  at  the  Clerk's  Office,  to  wit,  every  Monday ,  from  Nine  of  "^''y^^  si- 
the  Clock  in  the  Morning,  'til  One,  and  from  Two,  'til  Five,  in  the  After- 
noon ;  and  every  Clerk,  on  Failure  thereof,  and  neglecting  the  Bufinefs  of  the 
County,  for  his  Non-attendance,  fliall  forfeit  and  pay,  to  any  Perfon  who  hath 
Bufinefs  with  the  faid  Clerk,  and  wants  any  Thing  from  his  Office,  who  will  fue 
for  the  fame,  Five  Pounds,  Proclamation  Money  ;  to  be  recovered  by  Adion  of 
Debt,  Bill,  Plaint,  or  Information  j  wherein  no  Eflfoign,  Injundion,  or  Wager 
of  Law,  fhall  be  allowed  of. 

LXXII.  AND  he  it  further  Enacted,  by  the  Authority  afore  faid.  That  no 
Writ,  Procefs,  Adion,  Suit,  Complaint,  or  Profecution,  depending  in  the  Ge-  difcondnued  by 
neral  or  County  Courts  within  this  Province,  fliall  be  difcontinued  by  Reafon  or  ^^  -J"''' 
Caufe  of  Sickncfs  happening  to  the  Chief  Juflrice,  or  any  of  the  Juftices  of  the 
County  Courts,  or  on  his  or  their  failing  to  meet  on  the  Day,  and  at  the  Time 
appointed,  to  hold  fuch  Court  and  Courts  •,  but  that  all  Writs,  Procefs,  Adions, 
Suits,  Complaints,  Profecutions,  and  all  Matters  and  Things  incident  thereto, 
fliall  be  continued,  and  be  in  Force  and  Virtue,  as  if  fuch  General  and  County 
Courts  had  been  regularly  holden  -,  and  that  it  fliall  and  may  be  lawful  for  any 
AfTociate  Juflice,  in  the  General  Court,  or  any  one  Juftice  of  the  County  Court, 
to  adjourn  the  laid  Court,  de  Die  in  Diem  •,  any  Law,  Cuflom,  or  Ufage,  to 
the  contrary,  notwithflanding. 

LXXIII.  A  N  D  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  the  a^s  npcaieJ. 
A(ft,  intituled,  An  A^f^  for  c.fcertaining  the  'Time  and  Method  for  executing  and 

Return 


ice  s  not 
meeting. 


H'=>  LAIVSo/No^tu-Carolina. 


ui.  D.    1746. 


Return  of  original  Writs,  and  for  the  better  regulating  divers  Proceedings  in  the 
Court  of  Pleas  ;  the  Ad,  intituled,  An  A^,  concerning  Evidences  ;  the  Ad,  inti- 
tuled. An  A51,  for  the  Relief  of  fuch  Creditors  whofe  Debtors,  having  Lands  in 
this  Government,  depart  without  leaving  perfonal  Eftate  fufficient  to  pay  their 
Debts  ;  and  fo  much  of  the  Aft,  intituled.  An  A£I,  concerning  Appeals  and  Writs 
of  Error,  as  any  Way  relates  to  Appeals  and  Writs  of  Error  -,  the  Aft,  intitu- 
led, An  A£l,  for  Regulating  Proceedings  on  original  Attachments  -,  and  the  Ad, 
intituled.  An  A^,  for  appointing  Circuit  Courts,  and  for  Enlarging  the  Power  of 
the  County  Courts ;  and  every  Claufe  and  Claufes,  Article  and  Articles  of  them, 
and  of  every  of  them,  as  are  within  the  Purview  of  this  Ad,  is  and  are  hereby 
Repealed,  to  all  Intents  and  Purpofes  whatfoever. 

S  I  G  N  E  D  by 

Gabriel  Johnston,  Efq;  Governor. 

Eleazer  Men,  Prefident.. 

Samuel  Swann,  Speaker, 


•JK"     itf"     fif 


•JIT 


Anno 


LAWS    of    North-Carolina. 


241 


Anno  Regni 

R  G  1 1    IL 


GE 


Regis,  Magn£   Britannia,  Francice,  & 
Hibernia,  Viceflimo. 


At    a  General    ASSEMBLY,    held     at  Kt^hern,     the  gabriei 
Seventh  Day   of  Anarch,  in    the  Year  of  our  Lord  One  Efql'Gov«°n«. 
Thoufand    Seven  Hundred   and  Forty  Six. 


CHAP.     I. 

An  A3t,  for  appointing  CofnmiJJioners  to  Revife  and  Print  the  Laws  of  this 
Province^  and  for  granting  to  his  Majejiy^  for  defraying  the  Charge 
thereof  a  Duty  on  tVine^  Rum^  and  dijiilled  Liquors,  and  Rice,  im- 
ported into  this  Province, 


I. 


H  E  R  E  A  S  for  Want  of  the  Laws  of  this  Province  being  Revifed  I'reamfeic 


and  Printed,  the  Magiftrates  are  often  at  a  Lofs  how  to  difcharge  their 
Duty,  and  the  People  tranfgrefs  many  of  them  through  Want  of  knowing  the 
fame :  Wherefore, 

II.  W  E  pray  that  it  may  be  Enaded,  And  he  it  Ena5fedt  by  his  Excellency  Commiflioners 
Gabriel  Johnfton,  Efq;  Governor,    by  and  %vith  the  Advice  and  Confent  of  his  ^^]"'^^f^^^i\^^ 
Majejiy's  Council,  and  General  Ajfembly  of  this  Province^  and  by  the  Authority  of  Laws. 

the  fame.  That  the  Honourable  Edward  Mofeley,  Efq;  Samuel  Swann^  Efq;  the 
Honourable  Enoch  Hall,  Efq-,  and  Mr.  Thomas  Barker,  or  the  Majority  of 
them,  be,  and  they  are  hereby  nominated  and  appointed  Commiflioners,  to  Re- 
vife and  Print  the  feveral  A<^s  of  AfTembly  in  Force  in  this  Province. 

III.  AND  be  it  further  Enabled,  That  the  faid  Commiflioners  fliall  revife  the  To  mak«an  in.. 
faid  A6ts  of  AfTembly,  and  compile  them  in  one  Body,  and  make  an  Index,  Nousf  and"lL- 
Marginal  Notes,  and  Rcferrences  thereto,  and  fliall  lay  the  fame  before  the  next  ferrences ;  md  to 
fucceeding  General  AflTembly  after  they  fliall  have  fo  revifed  and  compiled  them,  Jiiefr'Tfoubie.*" 
to  be  ratified  and  confirmed  ;  and  fuch  only  of  the  faid  Commiflioners  as  fliall 

P  p  p  revife 


242  LAWS      of     N  OR  t  H -C  AR  O  L  I  N  A. 

A.  D.   1746.    revife  the  Laws,  Ihall  have  and  receive,  for  their  Trouble  in  revifing  and  com- 
ki- — v^—- ^'  piling  the  faid  ACis,  the  Sum  of  Sixty  Founds,  Proclamation  Money  ;  to  be  paid 
by  the  General  Affembly,  out  of  the  Duty  on  Wine,  Rum,  and  diftiiled  Li- 
quors, and  Rice,  arifing  and  made  payable  by  Virtue  of  this  Ad. 

LawEtobcprint-  jy,  A  N  D  bc  it  fufthgr  EnaSledi  That  after  the  faid  Afts  fhall  be  revifed  and 
io'whom'to'"be  Compiled  by  the  faid  CommilTioners,  or  the  Majority  of  them,  as  aforefaid,  and 
given  w.  ratified  and  confirmed  by  the  General  AlTembly,  the  fame  fhall,  with  all  con- 

venient Speed,  be  printed,  by  the  fiid  Commiilioners,  or  the  Majority  of  them, 
who  fhall  furnifh  and  deliver  feveral  Books  of  the  faid  Laws,  well  bound,  and 
Lettered  on  the  Back,  to  the  feveral  OfEcers,  Offices,  and  Courts,  herein  after 
mentioned  •,  that  is  to  fay,  One  to  his  Excellency  the  Governor,  One  for  the  Ufe 
of  his  Majeily's  Council,  One  for  the  Ufe  of  the  General  AfTembly,  One  for  the 
Ufe  of  the  Secretary's  Olfice,  One  for  the  Ufe  of  the  General  Court,  and  One  to 
feach  and  every  County  Court  refpedively  in  this  Province:  And  fuch  only  of  the 
^°Jj-*J^'^J''5J;'"|);  faid  Commiflioners  who  fhall  revife  the  Laws  as  aforefaid,  fhall  have  and  receive, 
paid  100 1.  ani?  for  printing  the  faid  A6bs,  and  furnifliing  and  delivering  the  fcveral  BocJcs  afore- 
viVforfive  faid,  the  Sum  of  One  Hundred  Pounds,  Proclamation  Money  ;  to  be  paid  by  the 
Vearj.  General  AfTembly,  out  of  the  Money  arifing  by  the  Duty  before  mentioned  i  and 

alfo,  the  Benefit  and  A'dv^Jitage  of  the  fole  Printing  and  Vending  the  Books  of 
the  faid  Laws,  for  and  during  the  Space  or  Term  of  Five  Years ;  and  fhall  not 
-take  or  receive  above  the  Sum  of  Fifteen  Shillings,  Proclamation  Money,  for 
each  Book  by  them  fo  printed. 

,    If:      b 

psrfoni  oftrinj        V.  A  N  I)  be  it  fuYtheT  Enabled,  by  the  Authority  aforefaid.  That  if  any  Per- 

eant^rtVo"  thl!  ^n  or  Pcrfons  fhall  import  into  this  Province,  any  printed  Book  or  Books,  or 

Aft,   to  ferfeit  i^^\\  fgH,  or  offcr  to  Sale,  any  printed  Book  or  Books  of  the  faid  Laws,  within 

liokf"'  "'''      the  Term  of  Five  Years,  without  the  Licence  of  the  faid  CommilTioners,  their 

Heirs  or  AfTigns,  other  tlian  fuch  as  fliall  be  printed  by  the  Order  andj^ppro- 

bation  of  the  faid  CommilTioners,  their  Heirs  or  Affigns,  fuch  Perfon  or  Perfons 

fhall  forfeit  and  pay,  to  the  faid  CommilTioners,  their  Heirs  or  AfTigns,  the  Sum 

of  Five  Pounds,  Proclamation  Money,  for  each  and  every  Book  fo  imported, 

fold,  or  offered  to  fale,  contrary  to  the  true  Intent  and  Meaning  of  this  Adj.  to 

lie  reGOVered  in  the  fif itie  Mahner  as  other  Forfeitures  in  this  Ad.  ^ 

J^'ued'    "^^""'^      ^\.  -AN  B  be  it  further  Enacted,  by  the  Authority  ztforefaiE,  That  if  any  "Sur- 
'""  '^ '  plus  of  the  Money  arifing  by  Virtue  of  this  Ad,  fhall  remain,  after  Payment  of 

the  faid  feveral  Sums  to  the  CommilTioners  aforefaid,  for  revifing  and  compiling, 
fprinting, .  furhiflirng,  and  delivering  the  faid  feveral  Books  aforefaid,  the  fame 
fhall  be  applied,  by  the  General  AfTembly,  tor  and  towards  difcharging  theJPub- 
Kc  Debts  of  this  Province.  •    , 

Printed  Laws  to       VII,  A  N D  be  it  further  Enabled,   by  the  Authority  aforefaid.  That  the  fe« 

be.given  in  Evi-  y^j-ai  Rooks  of  the  LaWs,  Tevifed  and  printed  by  the  faid  CommiiTioners,  or  the 

Majority  of  them,  as  aforefaid,  fhall  "be  allowed  to  be  given  in  Evidence  in  all 

'and  ev^fy  of  the  Courts  of  Judicature  in  this  Province,  and  before  any  Magiftrace 

or  Magiflrates,  in  any  Matter  or  Controverfy  depending  before  them. 

Secretary  to  give  VIII.  AND  fcr  furTiiftiing  the  CommifTioners  aforefaid  with  a  true  and  per- 
*^Copy  of  the  fg£|.  Copy  of  the  faid  Laws,  Be  it  Enabled,  That  the  Secretary  of  this  Province 
coramiffioncrs,  fhall  make  out  and  deliver,  to  the  faid  CommifTioners,  or  the  Majority  of  them, 
a  true  and  perfed  Copy  of  the  faid  Laws  now  in  Force,  and  the  1  itles  of  fuch  as 
have  been  repealed  or  become  obfolete,  which  fhall  be  by  the  faid  CommifTioners, 
or  the  Majority  of  them,  examined  with  the  Original  •,  for  which  Copy,  and  for 
tranfcribing  and  fending  Copies  of  this  Ad  to  the  feveral  Receivers  of  the  Duties 
laid  in  this. Ad,  .(which  -he-is  liereby  required  immediately  to  do,)  he  fliall  have 

and 


L  A  IV  S    of    North-Carolina. 


243 


arid  receive  the  Sum  of  Twenty  Pounds,  Proclamation  Money ;  to  be  paid  by    -^-  ^    »-46, 
the  General  Afiembjy,  out  ol  the  Money  arifing  by  Virtue  of  this  A^. 


-■vf- 


IX.  AND  for  raifing  the  faid  feyeral  Sums  of  Money,  herein  before  menti-  o^.ty  on  Liquors 
oned  to  be  paid  to  the  faid  Commiflioners,  for  revifing  the  faid  Adts,  and  print-  d°fr!y  ch'rge.'" 
ing  and  delivering  the  feveral  Books  aforefaid  ;  Be  it  Enacted^  by  the  Authority 
aforefaidt  That  ibr  every  Gallon  of  Wine,  Rum,  and  other  diftilled  Liquors, 

which,  from  and  after  the  firft  Day  of  May^  next  after  the  Ratification  of  this 
Adl,  ihall  be  imported  or  brought  into  this  Government,  from  any  Fort  or 
Place,  {Qreat-Britain  excepted,)  either  by  Land  or  Water,  the  Duty  of  Three 
Pence,  Proclamation  Money,  or  Bills  equivalent,  or  the  Value  thereof  in  the  fame 
Liquor  for  which  the  Duty  is  payable,  at  the  Rate  of  Two  Shillings  and  Eight 
Pence,  Proclamation  Money,  per  Gallon,  provided  the  Sum  payable  amounts, 
in  the  Whole,  to,  and  is  paid  in,  a  full  Cafk  of  the  faid  Liquors,  containing 
Fifteen  Gallons,  whach  Ihali  be  fold  at  Public  Vendue,  to  the  higheft  Bidder,  for 
ready  Money,  firit  giving  Ten  Days  Notice  of  fuch  Sale  ;  and  alfo,  the  Duty  of 
Three  Shillings  and  Four  Pence,  Proclamation  Money,  for  every  Hundred 
Pounds  of  Rice,  that  fhall  be  imported  as  afort-faid,  Ihall  be  paid  by  the  Impor- 
ter or  Owner  of  the  fame,  until  the  firft  Day  of  May^  which  fhall  be  in  the  Yeat 
©f  our  Lord  One  Thoufand  Seven  Hundred  and  Forty  Nine,  and  no  longer. 

X.  AND  be  it  further  Enacted^  That  no  Wine,  Rum,  or  other  diftilled  LU  Liquors  and  Rice 
quors,  or  Rice,  fliall  be  landed,  put  on  Shore,  or  any  other  Way  delivered,  ©ut  "nn"'"'  ''j'^"* 
of  the  Veflcl  importing  the  fame,  before  due  Entry,  on  Oath,  made  thereof,  "     "'^ """  ' 
with  tne  Officer  or  Officers  in  this  Aft  hereafter  appointed,  for  receiving  of  the 

Duties  in  the  Port  or  Place  where  the  fame  fhall  be  imported,  or  before  the  faid 
Duty  fhall  be  fully  fatisfied  and  paid,  or  fecured  to  be  paid,  and  a  Permit  had, 
under  die  Hand  of  the  Officer  or  Officers,  for  landing  or  Delivery  thereof ;  and 
that  2.11  Liquors  or  Rice  landed  or  put  on  Shore  contrary  to  the  Diredions,  and 
true  Intent  and  Meaning  of  this  Act,  or  the  Value  thereof,  fliall  be  forfeited ; 
One  Half  to  his  Majcfty,  for  the  Ufe  of  the  Public,  and  the  other  Half  to  him 
fx  them  who  will  inform  or  fue  for  the  fame  ;  to  be  recovered  as  in  this  A6t  here- 
after i&  diretled. 

XL  AND  he  it  further  Enacted^  That  any  Perfon  or  Perfons,  bringing  any  i,  bought  in  by 
Wine,  Rum,  or  any  diftilled  Liquors,  exceeding  one  Gallon  of  Wine,  Rum,  ^""'^'  ^'p°"  '° 
©r  any  diftilled  Liquors,  or  above  One  Hundred  Weight  of  Rice,    from  any  osy™'  on'"i'cn'! 
Other  Colony,  into  this  Province,  by  Land,  fhall,  in  Ten  Days  after  he  or  they  "^  3»- 
have  or  hath  lodged  or  houfed  the  fame,  make  a  due  Report,  on  Oath,  of  the 
Quantity  of  fuch  Wine,  Rum,  or  any  diftilled  Liquors,    or  Rice,  by  him  or 
them  brought  in,  to  the  Officer  or  Officers  of  the  refpedive  Ports  appointed  by 
this  Ad  to  receive  the  Duty  ;  and  on  Default  thereof,  fliall  forfeit  Three  Pounds, 
Proclamation  Money  ;  to  be  applied  and  recovered  as  aforefaid. 

XII.  AND  be  it  further  Enadfed,  That  if  any  Perfon  or  Perfons  fhall  pay  Duty  paid  in  im- 
any  of  the  Duty  or  Cuftom  aforefaid  in  Silver  or  Gold  Coin,  of  his  or  their  Im-  ^'cf^f.  aikwcd! 
Jjortadon  into  this  Government,  to  be  proved  by  the  Oath  of  the  Party  or  Parties 

paying  the  fame,  fuch  Perfon  or  Perfons  Ihall  have  an  Abatement  or  Allowance 
on  the  Duty  aforefaid  fo  paid  and  fatisfied,  of  Fifteen  per  Cent,  and  every  Officer 
appointed  in  Virtue  of  this  Act  to  colled  the  faid  Duty,  arc  hereby  authorized 
end  required  to  make  the  fame  Allowance  or  Abatement  accordingly. 

XIII.  AND  he  it  further  Enacted,  ^y  the  Authority  aforefaid.  That  no  Col-  Coiuarr  not  t« 
Jedor  of  any  of  the  aforefaid  Ports,  (hall  clear  any  Ship,  Velfel,  or  Boat,  before  tii"Du"y  7=^ 
the  Mafter  Ihall  produce  a  Certificate,  figned  by  fomc  one  of  the  Receivers  ap- 
pointed in  Virtue  of  this  Ad,  that  Jic  hath  paid  the  Diities  aforefaid  of  tlie  Wine, 

Rum, 


244 


■LAWS      e/'     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


A.  D.  1746.    Rum,  and  other  diililled  Liquors,  or  Rice,-  imported  by  him  into  this  Province, 
'  under  the  Penalty   of  IVenty^  Pounds,  Proclamation  Money  -,  to  be  recovered 
and  applied  as  other  Forfeitures  in  this  A&,  relating  to  the  colleding  and  paying 
the  faid  Duties,  are  to  be  recovered  and  applied. 


V 

on  Pen.  of  20I. 


offiers  allowed       ^^^ •  A  N  B  be  it  furthcr  Enact edi  That  the  Officers  appointed  for  collefling 
e  per  Cent.        and  receiving  the  faid  Duties,  fhall  be  allowed  Six  ^^r  C^«/.  for  all  fuch  Sums 
they  fhall  receive  in  Virtue  of  this  Aft. 

r.  XV.  A 'N D  he.it  further  Enacted.,  That  Mr.  William  Rofs^  be,  and  is  hereby 
Officers  appoint-  jjominatcd  and  appointed  Receiver  of  the  faid  Duty  in  the  Port  of  Brunfwick, 
and  fhall  refide  at  Brunfwick.,  to  receive  the  faid  Duty  on  the  faid  Liquors  or 
Rice  imported  in  iuch  VefTel  or  VelTels  which  fhall  enter  in  the  Port  of  Brmi- 
fwick :  And  that  Mr.  'Thomas  Lovick,  and  Mr.  James  Macklewean^  be,  and  are 
hereby  nominated  and  appointed  Receivers  of  the  faid  Duty  in  the  Port  oH  Beau- 
fort \  to  wit.,  The  faid  "-Thomas  Lovick  to  refidc  at  Core-Sound,  to  receive  the  faid 
Duty  on  the  faid  Liquors,  and  Rice,  imported  in  fuch  VefTel  or  VefTels  which 
■■■  fhall  lade  or  unlade  in  Core-Sotmd,  or  Bear  Inlet ;  and  the  faid  James  Macklewean 
fhall  refide  at  Newbern,  and  fhall  receive  the  Duty  aforeflud  on  the  faid  Liquors, 
and  Rice,  imported  in  fuch  Veffcl  or  VefTels  which  fhall  lade  or  unlade  in  Neus 
River :  And  that  Mr.  Andre-iv  Conner,  be,  and  is  hereby  nominated  and  ap- 
pointed Receiver  of  the  faid  Duty  in  the  Port  of  Bath  :  And  that  Mr.  John  Lo- 
vick, Mr.  William  Perfons,  Mr.  James  Wilfon,  and  Mr.  John  Edwards,  be, 
and  are  hereby  nominated  and  appointed  Receivers  of  the  faid  Duty  in  the  Port 
of  Roanoak  ;  who  ihall  refide  and  keep  their  OfHces  at  the  feveral  Places  here- 
after mentioned ;  to  wit.  The  faid  Mr.  John  Lovick,  at  or  near  Eden  Houfe,  or 
Edenton-,  Mr.  John  Edwards,  in  Northampton  County,  Mr.  William  Perfons, 
in  Granville  County  ;  Mr.  James  Wilfon,  at  Bennet's-Creek  Bridge,  in  Chowan 
County  :  And  Mr.  Andrew  Duke,  is  hereby  nominated  and  appointed  Receiver 
of  the  faid  Duty  in  the  Port  of  Currituck :  Which  faid  Receivers,  refpedively, 
fhall  give  fulhcient  Security,  payable  to  his  Majcfly,  in  the  Sum  of  Two  Hun- 
dred Pounds,  Proclamation  Money,  for  the  Ufe  of  the  Public,  for  his  faithful 
Dilcharge  of  his  Duty  by  this  A61  direfted  :  And  in  Cafe  of  the  Death,  or  Re- 
moval out  of  this  Province,  or  Refufal  to  aft,  of  all  or  any  of  the  Receivers,  it 
fhall  and  may  be  lawful  for  the  Governor  or  Commander  in  Chief,  for  the  Time 
being,  to  nominate  and  appoint  a  Receiver  or  Receivers  in  the  Stead  of  fuch  Re- 
ceiver or  Receivers  fo  dying,  removing,  or  refufing  to  aft  -,  who  fhall  give  Se- 
curity, in  the  like  Sum,  and  in  the  fame  Manner,  for  the  faithful  Difcharge  of 
his  or  their  Office,  as  the  Receivers  in  this  Aft  nominated  and  appointed,  are 
before  required  to  give. 

Receivers  to  ac       XVI.  AND  be  it  further  Enabled,  That  the  faid  Receivers  of  the  Duty  afore- 

count  wiih  the  fajjj^  fhajj  account,  on  Oath,  with  the  General  AfTcmbly,  at  each  SefTion,  and 

Affembiy.  ^^^  .^^^^  ^^^  ^-^.^  AiTcmbly,  all  fuch  Money  as  fliall  or  may  be  by  them,  or  any 

of  them,  received,  after  dedufting  their  CommifTions  for  receiving  the  fame. 

Receivers  Powe,'  XVIL  AN D  be  it  further  Enal^cd,  That  the  Receiver  and  Receivers  ap- 
toeru-i&feaich  pointed,  or  that  ihall  be  appointed,  in  Virtue  of  this  Aft,  to  receive  the  faid 
VefTjj.  Duty  in  this  Aft  mentioned,  is  and  are  hereby  authorized  and  impowered,  to 

enter  on  Board  any  Ship,  VefTel,  or  Boat,  and  fearch  the  fame,  and  from  thence 
to  take  away  any  Wine,  Rum,  or  any  diliilled  Liquors,  or  Rice,  for  which  the 
Duty  aforei'aid  is  not  paid,  or  fecured  to  be  paid,  within  Ten  Days  after  the  En- 
try of  fuch  Ship  or  VefTel,  and  to  detain  the  faid  Wine,  Rum,  and  diflilled  Li- 
quors, and  Rice,  'til  the  faid  Duty  Ihall  be  paid,  or  fecured  to  be  paid  -,  and 
alfo,  at  all  Times,  to  go  on  Board  any  Ship,  VefTel,  or  Boat,  on  Information 
made,  or  if  fufpefted,  and  fearch  the  famcj  and  if  any  Wine,  Rum,  or  any 

diflilled 


LAWS     of    North-Carolina.  245 


dillilled  Liquors,  or  Rice,  fliall,  after  the  Entry  of  fiich  Ship  or  Vcffel,  be  found  ^-^  D.  n^s^ 
on  Board,  which  hath  not  been  duly  entered,  as  in  this  Ad  is  before  direfted,  it  ^ 

fhall  and  may  be  lawful  for  the  faid  Receiver  to  feize  all  fuch  Wine,  Rum,  or 
any  diftilled  Liquors,  or  Rice,  and  bring  the  fame  on  Shore,  and  fliall.  jirolccute 
the  faid  Seizure  or  Seizures  as  in  this  Act  direfted. 

XVIII.  JND  be  it  further  Enacted^  That  if  any  Receiver,  appointed  by  Vir-  Pen.iiy  on  Rc- 
tue  of  this  Ad  to  receive  the  Duty  aforefaid,  or  any  other  Perfun  or  Perfons  for  pJ^LVtSI 
him,  Ihall  take  or  receive,  direftly  or  indireci:ly,  any  Bribe,  Recompence,  or  Brivry. 
Reward  whatfoever,  or  fhall  connive  at  a  falfe  Entry  of  any  Wine,  Rum,  or  any 

diftilled  Liquors,  or  Rice,  that  fhall  be  imported  into  this  Province,  either  by 
Land  or  Water,  whereby  the  Public  may  be  defrauded,  fuch  Receiver  lb  offend- 
ing, fhall  forfeit  and  pay  the  Sum  of  Fifty  Pounds,  Proclamation  Money ;  to  be 
recovered  and  applied  as  other  Forfeitures  in  this  Aft,  and  fhall  be  for  ever  after 
difabled  of  holding  any  Office  or  Employment  relating  to  the  Cuftom  of  this 
Province  ;  and  the  Perfbn  or  Perfons  giving  or  paying  any  fuch  Bribe,  Recom- 
pence, or  Reward,  fliall  forfeit  and  pay  the  Sum  of  Fifty  Pounds,  Proclamation- 
Money  ;  to  be  recovered  and  applied  in  the  fame  Manner  as  other  Forfeitures  in 
this  Ad. 

XIX.  AND  he  it  further  Enacted^  by  the  Authority  aforefaid.  That  all  Fines  F'j'"  howreco, 
and  Forfeitures  in  this  Act  mentioned,  fliall  and  may  be  liied  for,  and  recovered, 

by  Adion  of  Debt,  Bill,  Plaint,  or  Information,  in  any  Court  of  Record  in  this 
Government  \  wherein  no  EfToign,  Protedion,  Injundion,  or  Wager  of  Law, 
fhall  be  allowed  or  admitted. 


CHAP.     II. 

An  ASty  to  repeal  a  Claufe  in  an  AB^  itititukd.  An  A€f,  for  ereding  the 
upper  Part  of  Craven  County  into  a  County  and  Parifli,  and  for  ap- 
pointing a  Place  for  building  a  Court-houfe,  Prifon,  and  Stocks,  in 
the  faid  County ;  and  the  Claufe  in  an  AB^  intituled.  An  Aft,  for 
dividing  Edgcomb  County  and  Parifh,  and  for  erecting  the  upper  Part 
thereof  into  a  County  and  Parifli,  by  the  Name  of  Gra?iville  County, 
and  St.  John's,  Parifli,  and  for  appointing  Veflrymen  of  the  faid  Pa- 
rifli ;  which  direB,  That  all  Public^  County,  and  Parip  Levies,  due 
from  any  of  the  Inhabitants  of  the  faid  County  of  Granville,  JJmU  be 
colleBed  by  the  Sheriff  of  ^d^comb  County  ;  and  that  all  Public,  County y 
and  Parifh  Levies,  due  from  any  of  the  h^habitants  of  Johnfton,  foall 
be  colleBed  by  the  Sheriff'  of  Craven  County,  fo  far  as  may  relate  to  the 
Taxes  or  Levies  laid  and  made  payable  for  the  Tear  One  Thoufand  Seven 
Hundred  and  Forty  Six.     O  B  S. 

SIGNED  by 

Gabriel  Johnston,  Efqj  Governor. 

Nathaniel  Rice,  Prefident. 

Samuel  Swann,  Speaker, 


Q^  q  q  Anno 


LAWS    o/'    North -Carolina. 


247 


A.  D.    1748. 
V .^ / 


Anno  Regni 


G  E  O  R  G  1 1   II 

Regis,  Magrt^e   Britannia,  Franciie,  &C 
Hibernice,  Viceffimo  Secundi. 


At    a  General    ASSEMBLY,    held    at  Neiubern,    the  f 
Sixth    Day    of  ^pril^    in    the  Year   of 
Thoufand    ^qvqxi  Hundred   and  Forty  Eight. 


A  B  K  I  C  L 


_  Johnston, 

our  Lord  One  ^^'^^  Govenwr. 


C  H  A  P.     I. 

An  AB,  to  appoint  Public  Treafurers. 

^-  WJ  H  E  R  E  A  S,  by  the  Laws  of  this  Province,  the  Shcrifs  and  other  „,g,„i,|. 

Var  Perfons  concerned  in  the  receiving  and  colledling  of  the  Public  Mo- 
ney, are  direded  and  required  to  account  with  and  pay  the  fame  to  the  General 
Aflembly  ;  and  whereas,  by  Reafon  of  the  Shortnefs  of  the  Seffions,  there  is 
not  always  Time  perfeftly  to  examine  the  Accounts  of  thofe  who  appear,  or  to 
fend  tor  them  who  negled  to  appear,  and  account ;  Wherefofe, 

_^ti.  WE  pray  that  it  may  be  Enacted,  And  be  it  Enabled,  by  his  Excellency  p.bHc  Tr«fu. 
Gabriel  Johnfton,  Efq',  Governor;,  by  and  with  the  Advice  and  Confent  of  his  Ma-  ""  =pp°intei. 
jeftfs  Council,  and  General  Ajfembly  of  this  Province,  and  by  the  Authority  of  the 
fame,  That  Mr.  Thomas  Barker,  be,  and  is  hereby  appointed  Public  Treafurer 
for  the  Counties  of  Currituck,  Pafquotank,  PeqUimons,  Chowan,  Tyrell,  Bertie, 
Edgcomh,  Northampton,  and  Granville  -,  And  that  Edward  Mofeley,  Efq;  be] 
and  is  hereby  appointed  Public  Treafurer  for  the  Counties  of  Craven,  Carteret, 
Onflozv,  New-Hanover,  Bladen,  Johnflon,  Beaufort,  and  Hyde :  Which  faid  Trea- 
furers fliall,  before  they  enter  upon  their  faid  Offices,  refpedivcly,  give  Bond,  to 
our  Sovereign  Lord  the  King,  his  Heirs  and  SuccefTors,  in  the  Sum  of  Two 
ThoLiland  Pounds,  Sterling  Money,  for  the  faithful  Difcharge  of  their  faid  Offices  j 
which  Bond  ilwU  be  lodged  in  the  Secretary's  Office. 

III.  AND 


24^  LA   W  S     of    North-Carolina. 


^.  D.    1 74s'. 

«._. — ^ ^       jjj_  jj^J)  be  it  further  Ena£ied,  by  the  Authority  aferefaid^  That  the  She- 

?hrNoifhern°^  rifs,  and  all  other  Perlbns,  concerned  in  the  colleding  or  receiving  any  Public 

Counties  to  ac-  Moncy,  within  the  refpeftive  Counties  ot  Currituck^  Pafquotank^  Pequimons,  Cbo- 

T^e" furc'r'by  th '  wiin,  'TyrcU,  Bertie,  Edgcomb,  Northampton,  and  Grmiville,  fhall,  on  or  before 

\'t  of  ja„.^  en  j-j^g  j^j.(t  j)ay  of  January,  next  enfuing,  upon  Oath,  account  for,  and  pay  to  the 

Yen.  ot  20  ,      ^^.^  q'homas  Barker^  all  the  Money  lb  by  them  refpeftively  received,  or  which,' 

by  Law,  they  ought  to  have  received,  and  were  accountable  for,  before  the  firft 

Day  of  September,  in  the  Year  of  our  Lord  One  1  houfand  Seven  Hundred  and 

Forty  Five,  under  the  Penalty  of  Twenty  Pounds,  Proclamation  Money  ;  and 

that  all  Perfons,  within  the  faid   refpeftlve  Counties,  having  any  Public  Money 

in  their  Hands,  fliall,  upon  Oath,  account  for,  and  pay  the  fame,  to  the  faid 

'Thomas  Barker,  on  or  before  the  faid  hrft  Day  of  Januaryy  next  enfuing,  under 

the  like  Penalty  of  Twenty  Pounds,  Proclamation  Money. 

Aifo  to  account      I^^-  A  N  B  be  it  further  EnaHed,  by  the  Author ty  aforefaid.  That  the  Shtrifs, 
with  him  by  the  ^y^^  ^\\  Other  PcrfoHS,  concerned  in  the  callefting  or  receiving  any  Public  Mo- 
the^ikl  Pei'ity"  ney  within  the  faid  refpeftive  Counties,  fhall,  on  or  before  the  Tenth  Day  of 
July,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Forty  Nine, 
upon  Oath,  account  for,  and  pay  to  the  faid  Thomas  Barker,  all  the  Monies  fo 
by  them  received,  or  which,  by  Law,  they  ought  to  have  received,  and  are  ac- 
countable, fince  the  aforefaid  iirft  Day  of  September,  in  the  Year  of  our  Lord 
One  Thoufand  Seven  Hundred  and  Forty  Five ;  under  the  Penalty  of  Twenty 
Pounds,    Proclamation   Money :  And  the  faid  Thomas  Barker,  fhall  attend  at 
Trtafarer  where  Edenton,  to  fcttlc  the  fcvcral  Accounts,  and  receive  the  Ballances  thereon  due, 
to  attend.  Four  Days  after  the  feveral  Times  herein  appointed  for  the  Sherifs  and  other  Per- 

fons to  account  and  pay  the  feveral  Sums  due  to  the  Public,  and  by  them 
received. 

Sherifs,  &c.  of  ^-  A  N  D  be  it  EfiaHed,  by  the  Authority  aforefaid.  That  the  Sherifs,  and  all 
the  Southern  other  Pcrfons  concerned,  or  who  have  been  concerned,  in  the  coUedfing  or  re- 
tir"witV"thd"r  ceiving  any  PubHc  Monies  within  the  refpeftive  Counties  of  Craven,  Carteret, 
Treafurer,  by  Qiiflo^v,  Nezv-Hanover,  Bladen,  Johnfion,  Beaufort,  and  Hyde,  Ihall,  on  or  be- 
0^20'! ""  '"'  fore  the  firft  Day  of  January  next,  upon  Oath,  account  for,  and  pay  to  the  faid 
Edward  Mofeley,  Efq-,  all  the  Money  fo  by  them  refpedively  received,  or  which, 
by  Law,  they  ought  to  have  received,  and  were  accountable  for,  before  the  firft 


Day  of  September,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundr^  and 
Forty  Five -,  under  the  Penalty  of  Twenty  Pounds,  Proclamation  Money':  And 
that  all  I^erfons  within  the  faid  refpedive  Counties,  having  any  Public  Money  in 
their  Hands,  and  by  them  received,  before  the  firft  Day  ot  September,  One 
Thoufand  Seven  Hundred  and  Forty  Five,  iliall,  upon  Oath,  account  for,  and 
pay  the  fame  to  the  faid  Edward  Mofeley,  on  or  before  the  faid  firft  Day  of  JaJiu- 
ary,  next  enfuijig  ;  under  the  Penalty  of  Twenty  Pounds,  Proclamation  Money. 

Aifo  by  the  10th       ^^-  AND  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  Sherifs, 
of  July,  on  the  and  all  other  Perfons  within  the  fiid  refpective  Counties  laft  mentioned,  con- 
likc  Pcnjity.       cerned,  or  who  have  been  concerned,  in  the  collecting  or  receiving  any  Public 
Money,  fhall,  on  or  before  the  Tenth  Day  of  July,  One  Thoufand  Seven  Hun- 
dred and  Forty  Nine,  upor^  Oath,  account  for,  and  pay  to  the  (aid  Edward 
Mofeley,  Efq-,  all  the  Monies  fo   by  them  refpcctively  received,  or  whichj  by 
Law,  they  ought  to  have  received,  and  were  accountable,  fince  the  aforefaid  firft 
Day  of  September,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 
'Forty  Fiv'^e  •,  under  the  Penalty  of  Twenty  Pounds,  Proclamation  Money  :  And 
Treafurar  where  the  faid  Edzudrd  Alcfeky  fliall  attend  at  Newbern,  to  fettle  the  feveral  Accounts', 
to  ariteud.  .^j^j   rcccivc  the  Ballances  thereon  due,  Four  Days  after  the  feveral  Times  ap- 

pointed for  the  Sherifs  and  other  Perfons  to  account  and  pay  the  feveral  Sums 
due  to  the  Public  by  them  received,  VII.  AND 


LAWS     of    North-Carolina. 


H9 


A.  D.    174S. 

VII.  A  N  D  be  it  furihef  Ena^ed,  hy  the  Authority  aforefaid^  That  all  and  "^"T^v ' 

every  the  Sherifl^,  and  other  Perlbns,  that  ihall  be  concerned  in  the  collefting  accJint  vv?ih  the 
and  receiving  the  Public  Monies  hereafter  to  be  collefted  and  received,  within  J/'^'j'''".  '"  - 

,        ^  \   r<  ■  •        ^i   •      T»  •  ."11  •    1   •       r^  ,  ,  ,  Months  after  the 

the  feveral  Counties  in  this  Province,  inall,  within  Two  Months  after  the  Time  Tims  of  coiiea^ 
appointed  by  Law  for  their  collecting  or  receiving  thereof,  upon  Oath,  account  '^^[  °"  ^'"-  "' 
for,  and  pay  the  fame  to  the  Public  Treafurer  for  fuch  County  reipeftively  ;  un- 
der the  Penalty  of  Twenty  Pounds,  Proclamation  Money. 


Jfcrs     irr.» 


VIII.  AND  be  it  further  Enafted^  hy  the  Authority  aforefaid.  That  the  faid  Treafur  _ 
Public  Treafurers  refpeilively,  are  hereby  authorifed,  impowered,  and  required,  p"*"'^'' tv°- 
to  fue  and  profecute  all  fuch  Sherifs,  or  other  Perfons,  who  have  heretofore  been,  qums. 
or  fhall  hereatccr  be,  concerned  in  the  collefting  or  receiving  the  Public  Money, 
or  who  have,  or  lliall  at  any  Time  hereafter,  have  any  of  the  laid  Money  in 
their  Hands,  within  the  laid  refpeftive  Counties,  and  fhall  neo-le6t  or  refufe  to 
account  for  and  pay  the  fame,  at  the  Times,  and  in  the  Manner  they  are  by  this 
Ad  required  and  direfted,  on  the  Penalty  in  this  Ad  mentioned  ;  and  alfo,  on 
the  feveral  Bonds  given  by  each  and  every  of  the  faid  Sherifs  or  other  Perfons, 
in  any  of  the  faid  refpedive  Counties,*  for  the  due  and  faithful  Performance  of 
their  feveral  Offices  or  Duties  -,  and  the  Clerks  of  the  feveral  County  Courts,  and 
every  other  Perlbn  or  Perfons  having  fuch  Bond  or  Bonds,  Account  or  Accounts, 
or  other  Papers,  in  his  or  their  Keeping  or  PoflTeflion,  is  and  are  hereby  direded 
and  required  to  deliver  the  fame  to  the  Public  Treafurer  of  fuch  County  where 
the  faid  Bond  or  Bonds  was  or  were  given,  or  Account  or  Accounts,  or  other 
Papers,  lodged,  when  he  fhall  demand  the  fame, 

,    IX.  AND  be  it  further  EncMed,  by  the  Authority  aforefaid.  That  the  Hiid  Treaf.rer:  to 
Public  Treafurers  fhall,  from  Time  to  Time,  as  often  as  required,  upon  Oath,  A^r^'^'^ani' 
account  for,  and  pay  to  the  General  Affembly,  all  fuch  Sums  of  Money  as  they  3iWd^s  //r 
refpedively  receive,  by  Virtue  of  this  Ac1: ;  for  which  Trouble,    they  fhall  be  ^""' 
allowed  Plve  per  Cent,  on  all  the  Monies  by  them  refpe^lively  received,  and  paid' 
into  the  Aflembly,  as  aforefaid. 

X.  AND  be  it  further  Enabled,  That  in  Cafe  of  the  Death,  or  Departure  out  Governor  to  ap., 
of  this  Province,  or  other  legal  Difability  of  the  faid  Treafurers,  or  either  of  P"i",tTrenfurers. 
them,  hereby  appointed,  it  fhall  and  may  be  lawful  for  the  Governor  or  Com-  wiuy?  "^  ^'^*° 
mander  in  Chiefs  for  the  Time  being,  with  the  Advice  of  his  Majefty's  Council, 

to  appoint  and  conititute  any  other  Perfon  or  Perfons  in  his  or  their  Place  or 
Stead,  to  execute  the  faid  Office  until  the  next  SefTion  of  AfTembly  ;  fuch  Perfon 
appointed  giving  fuch  Bond  and  Security  as  herein  before  is  directed. 

XI.  AND  be  it  Enabled,  That  the  Penalties  in  this  Ad  mentioned,  fliall  be  Penalties  how  w 
fued  for  and  recovered  in  the  General  Court  of  this  Province,  by  Adion  of  Debt,  •"=  "covered,  aad 
Bill,  Plaint,  or  Information,    wherein  no  ElToign,    Protedion,    Injundion,    or  'pp'"^'"'''-''' 
Wager  of  Law,  fhall  be  allowed  or  admitted  of;  Two  Thirds  whereof  fhall  be 

applied  to  the  Ufe  of  the  Public,  and  the  other  Third  to  fuch  Treafurer  who  fliall 
profecute  for  the  fame. 

XII.  AND  he  it  further  EncMed,  That  the  Ad,  intituled,  An  Act,  for  ap-  Ads fufpendcd 
pointing  a  Treafurer  for  the  feveral  Counties  therein  mentioned,   in  the  Room  of 
William  Downing,  Efa;  deceafed,  and  all  other  Ad  and  Ads,  Claufe  and  Claufes  ' 

of  Acts,  fo  tar  as  relates  to  the  Sherifs  of  the  feveral  Counties  of  this  Province,'^ 
or  any  other  Perfon  or  Perfons  accounting  for  and  paying  to  the  General  AfTem-  ^ 
bly,  any  of  the  Public  Money  by  them  refpedively  received,  and  the  Penalty 
mentioned  in  them,  or  any  of  them,  is  and  are  hereby  fufpended,  during  the 
1  ime  this  Ad  fhall  continue    in  Force. 

R  r  r  XIIL  AND 


2  CO 


L    A    W  S     of    North-Carolina. 


j^.  D.     1748. 
^ V- 


XIII.  A  N D  be  it  further  EnaHed,  by  the  Authority  aforefaid.  That  this  Aft 
fhall  continue  and  be  in  Force,  for  the  Term  of  Four  Years,  and  from  thence  to 
the  End  of  the  next  ScfTion  of  Affemby,  and  no  longer. 


CHAP.     II. 

An  A6i^  for  Regulating  the  fever al  Officers  Fees  within  this  Province^ 
and  afcertaining  the  Method  of  paying  the  fame. 


Officers  Fees  fct-    I 
tied. 


TT^  O  R  the  jaetter  regulating  the  feveral  Officers  Fees  within  this  Province, 


and  to  afcertain  the  Method  of  paying  the  fame ; 


IJ.  W  E  pray  that  -it  may  be  Ena6ted,  And  be  it  EnaEled^  by  his  Excellency 
Gabriel  Johnfton,  £/^-,  Governor^  by  and  ivith  the  Advice  and  Confent  of  his 
Majeftfs  Councik  and  General  AJfembly  of  this  Province,  and  by  the  Authority  of 
the  fame.  That  it  fhall  be  lawful  for  the  feveral  Officers  within  this  Province,  to 
take  and  receive,  in  Proclamation  Money,  or  Bills  of  Credit,  fuch  Fees  only  as 
is  appointed  by  this  A6lj  for  fuch  Service  ;  to  wit, 

cojttnot's  Fees.  c^-jtig  Govemof's  Fees. 

Proclamation  Money, 
For  figning  a  Grant  or  Patent  for  Land,  for  1000  Acres,  01  under, 
F'or  every  Hundred  above  a  Thoufand,  to  Five  Thoufand, 
For  figning  Letters  of  Adminiftration,  or  Teftamentary, 
For  proving  a  Will  before  the  Governor, 

For  figning  a  Regifter  of  an  undecked  VefTel,  Shallop,  or  Pettiagua,  o 
For  figning  a  Regifter  for  a  decked  Vefifel, 
For  figning  every  Teftimonial,  under  the  Colony  Seal, 
For  figning  every  Commiffion  for  a  Place  of  Profit, 
For  Letters  Patents  of  Denization, 

Governor'' s  Fees  in  Chancery. 

Proclamation  Money, 
For  figning  a  Decree  in  Chancery, 
For  every  Order,  made  on  Motion,  or  Petition, 
For  figning  an  Injunftion  in  Chancery, 
For  hearing  and  determining  every  Caufe, 
For  figning  an  Exemplification  of  a  Decree, 
For  Difmiflion  of  every  Bill,  where  the  Caufe  doth  not  come  to 
Tryal  and  final  Hearing, 


His    Feet 
Chancery. 


} 


/. 

s. 

d. 

0 

6 

8 

0 

I 

0 

0 

5 

4 

0 

5 

0 

0 

7 

6 

0 

13 

4 

0 

5 

4 

0 

10 

0 

0 

10 

0 

/. 

s. 

d. 

0 

10 

0 

0 

I 

4 

0 

7 

6 

2 

0 

Q 

0 

5 

0 

fioTernor'j     Se- 
eretary's  Fe«s. 


The  Governor'' s  Secretary's  Fees. 

Proclamation  Money, 
For  drawing  the  Certificate  for  the  Probat  of  a  Will,  taken  before  7 
the  Governor,  J 

For  drawing  every  Teftimonial,  to  be  figned  by  the  Governor,  to  I 
which  the  Colony  Seal  fhall  be  affixed,  5 

For  every  Warrant  for  Land, 
For  the  great  Seal, 
For  the  fmall  Seal, 


/. 


o 


0 

2 

8 

0 

2 

8 

0 

2 

8 

0 

I 

4 

rhe 


LAWS    o/'    North- Caroli 


N  A. 


251 


'T:he  Chief  Jufiice's  Fees. 

Proclamation  Money, 
For  every  Writ,  and  Return, 

Docketing  the  Action, 

For  every  Difcontinuance, 

Eor  every  Appearance, 

For  every  Iffue  joined, 

For  every  Venire, 

For  every  Adion  entered  in  Paper,  of  Caufes  for  Tryal, 

For  every  Subpoena, 

For  fwearing  every  Witnefs, 

For  hearing  every  Tryal, 

For  entering  every  Virdicfl, 

For  hearing  and  giving  Judgment  upon  Special  Pleadings,    had  > 

in  any  Caufc,  j 

For  confeiring  of  Judgment, 
For  every  RiiJe  of  Court, 
,    For  every  Poftea,  Return,  and  figning  Judgment, 
For  every  Execution, 
For  entering  Satisfaction, 
For  taxing  every  Bill  of  Cofts, 
For  taking  Special  Bail,  before  the  Judge, 
For  every  original  Attachment, 
For  every   Sciri  Facias., 
For  every  Certiorari., 
For  every  Habeas  Corpus^ 
For  receiving  an  Appeal, 
For  every  Writ  of  Error,  and  Allowance, 
For  taking  Recognizance  thereupon. 
For  every  Order  in  the  Judge's  Chamber, 
For  receiving   Injunction, 
For  proving  or  acknowledging  every  Deed, 
For  the  Examination  of  Feme-Coverts,  and  Proof  of  the  Deed  or  1 

Acknowledgment,  j 

For  every  Affidavit,  in  Writing,  before  the  Judge, 
For  adminiftering   the  Oath,    and  figning  the   Certificate   of  the  1 

Witneflcs,  attending  in  any  Caufe,  5 

^be  Chief  Juftice's  Fees  of  the  Crown  Side. 

^  •-  Proclamation  Money, 

For  taking  every  Information, 

Every  Recognizance,  taken  before  him, 

Every  Writ, 

Every  Order  of  Court, 

For  every  Commitment^ 

For  every  Travers, 

For  every  Perfon  difcharged  by  Proclamation, 

For  every  Caufe  entered  in  the  Docket, 

Taxing  Bill  of  Cofts, 

For   Examination  of  every  Perfon  committed   for  Contempt  oF) 

Authority,  5 

For  every  Oath  in  the  Caufe, 

For  hearing  the  Caufe, 

For  hearing  and  determining  a  Motion,  in  Arreft  of  Judgment,  or  ) 

Special  Virdid,                                                           J     &         ?  j 


/. 
o 
o 
o 
o 
o 
o 
o 
o 
o 
o 
o 


o 
o 
o 
o 
o 

Q 

o 
o 
o 
o 
o 
o 
o 
o 
o 
o 
o 


/. 

o 
o 
o 
o 

o 
o 
o 
o 
o 


o 
o 


s. 

3 
o 

o 
o 
I 

2 

o 
I 
o 

2 

o 


o 
o 
I 

2 

o 

2 
2 

3 
3 

3 

5 
I 

2 
2 

I 

2 
2 


A.  D.    1748. 
V ^ 1 

J    Chief    Tuftice's 


s. 

2 

I 

3 
o 
I 
o 
I- 
o 

2 


o 

2 


Fees. 


O 

6 
6 
8 
o 
o 
6 
o 

4 
o 
6 

4 
6 

6: 

o 
o 

4 
8 

8 
8 
8 

4 
o 
8 
8 
o 
8 
8 


054 
028 

0       0     8 


8 

4 
o 

4 

4 
6 
o 

7 
8 


4 
8 


His  Fees  of  th? 
Crown  Side. 


5     4 

Clerks 


LA   W  S    of    North-Carolina. 


...  D.  174S. 
\ ^ — - 

Clerks  Fees. 


Clerks  Fees  of  the  General  and  County  Courts. 

Proclamation  Money, 
For  entering  every  Adlion, 
For  every  Writ, 

For  a  Copy  of  every  Declaration, 
For  recording  the  Defendant's  Appearance,  or  Default, 
For  Recording  a  Plea, 
For  every  Depofition,  taken  in  Writing, 
For  filing  every  Billj  Bond  or  other  Paper^ 
For  Continuance,  or  Referrence  of  every  Adion^ 
For  Recording  the  Venire,  Seven  Pence  Half  Penny, 
For  Recording  Jury's  Oath,  and  Verdift, 
For  entering  up  the  Judgment, 
For  entering  every  Order  of  Court, 
For  a  Copy  of  every  Order  of  Court, 
For  fearching  a  Record, 
For  a  Commiflion,  or  Dedimus  Poteftatem, 
For  certifying  the  Probat  of  a  Will, 
For  adminiilring  every  Oath,  Two  Pence  Half  Penny, 
For  every   Execution, 
For  every  Summons  for  one  or  more  Perfons,  if  mentioned  in  the  \ 


in  Writing, 


Brand, 


^^r  Copy  Sheet,  each  Sheet  containing  i 


/. 

s. 

d. 

0 

0 

7 

0 

1 

I 

0 

I 

4 

0 

0 

7 

0 

I 

I 

0 

0 

7 

0 

0 

4 

0 

0 

4 

0 

0 

6 

0 

0 

7 

0 

0 

7 

0 

0 

7 

0 

0 

7 

0 

I 

4 

0 

I 

6 

Summons, 

For  every  Petition  or  Motion,  if  entered 

For  a  Certificate, 

For  an  Attachment, 

For  Recording  or  Inroling  every  Bond,  or  other  Writing, 

For  entering  the  Acknowledgment  of  Sales  ot  Land, 

For  a  Writ  of  Enquiry, 

For  a  Scire  Facias, 

For  every  Retraxit, 

For  every  Difmiffion, 

For  recording  a  Mark  or 

For  proving  every  Right, 

For  every  Certificate, 

For  a  Copy  of  a  Record 
Ninety  Words, 

For  reading  every  Paper, 

For  making  up  every  Record  on  Judgment,  after  Verdi6t  or  Special  ^ 
Pleading,  and  entering  the  flime  in  a  Book  for  that  Purpofe,  fer  [ 
Copy  Sheet,  each  containing.  Ninety  Words,  3 

For  every  Bill  of  Cofts,  or  Copy  thereof. 

For  making  out  an  Alphabetical  Lift  of  all  the  Taxables  in  eachl 
County,  and  delivering  the  fame  to  the  Sheriff;  delivering  Or- ( 
ders  to  Conftables,  and  all  other  extraordinary  Services  for  the  f" 
County,  to  be  paid  by  the  Court,  out  of  the  County  Tax,  Yearly,  J 

For  ^every  Certificate  for  each  Juror's  Attendance, 


o 


o 


o 


Secretary's  Fees. 


I     4 


0 

0 

7 

0 

0 

7 

0 

I 

2 

0 

2 

8 

0 

I 

4 

0 

1 

4 

0 

I 

4 

0 

0 

7 

0 

0 

7 

0 

0 

7 

0 

0 

3 

0 

0 

7 

o     4 

o     3 


o     4 


13     4 


o 


The  Secretary's  Fees. 
-_.  Proclamation  Money,      /.     s. 

For  every  Patent  in  Paper,  and  recording,  for  One  Thoufand  A- 1 
cres,  OT  under,  j 

For.  a  Petition  for  a  Grant  for  a  Patent  for  Land,  and  Order,  in- j 
.    ciufive,  5 

For  every  Hundred  Acres  above  a  Thoufand,  to  Five  Thoufand,         o 
Forca  Patent  in  Parchment,  if  required,  and  recording,  o 


8 


o 

10 


d 
o 

8 

8 

o 

For 


L,    A    W    S      of     No  R  T  H -Ca  R  O  L  I  N  A.  ^^3 


Proclamation   Money,  /.       s.     d.    -^^  ^-  1748- 

For  a  Warrant  for    Surveying  Land,    proving  Rights,    Petition  \  _         *" v =^ 

and  Order  thereon,  reading  inclufive,  5  ^       5     4 

For  filing  every  Paper,  007 
For  Letters  of  Adminiftration,  or  Letters  Teftamentory,  Guardian- ) 

fhip  or  Tuition,  if  made  out  by  the  Secretary,  J  °       28 

.For  every  Adminiilration  Bond,  if  taken  by  the  Secretary,  and  recording,  o       3     o 

For  every  Commilfion  of  the  Peace,  and  Militaiy  Commifllon,  to  be  } 

paid  by  the  Public,  \ 


o 


5 


4 


For  every  CommilTion  for  a  Place  of  Profit,  o       5 

For  a  Dedimus  Potejiatem^  o       i     Z 

For  fearching  a  Record,  007 

For  the  Copy  of  a  Patent,  o       14 

For  Letters  of  Denization,  o     10     o 

For  entering  a  Caveat,  014 
For  Recording  any  Paper  not  before  mentioned,  or  Copy  of  a  Re- ) 

cord,  pe7-  Copy  Sheet,  eacli  Sheet  containing  Ninety  Words,        J  °       ^     4 
For    every  Teltimonial    pafHag  the  Secretary's  Office,  under  the  ) 

Colony  Seal,                                                                                        }  o        2     8 
For  every  Commiflion  of  Oyer  and  Terminer,  or  Nift  Prtusj  to  be 


paid  by  the  Public, 


{ 


The  Clerk  of  the  Cro"j}n  and  Clerk  of  the  Peace's  Fees. 

Proclamation  Money, 
For  filing  every  Indidment,  or  any  other  Paper, 
For  a  Copy  of  an  Indiftment,  Information,  or  Prefentment, 
For  Recording  the  Coroner's  Inqueft, 
For  arraigning  a  Criminal, 
For  entering  every  Appearance,  or  Default, 
For  every  Capias, 
For  every  Recognizance,  acknowledged  in  Court,  or  out  gf  Court,  1 

if  drawn  by  the  Clerk,  \ 

For  entering  every  Recognizance  on  the  Docket, 
For  entering  every  Order  of  Court, 
For  every  Venire,  or  Subpcena, 
For  adminiftring  every  Oath, 
For  entering  the  Jury's  Oath,  and  Verdid, 
For  entering  up  Judgment, 
For  entering  a  Plea, 
For  a  Search  of  Record, 
For  a  Copy  of  an  Order  of  Court, 
For  calling  the  Defendant,  .■ 

For  every  Refpit, 
For  a  Liberate, 

For  taking  every  Depofitlon,  in  Writing, 
For  every  Perfon  difcharged. 
For  Recording  any  Paper  not  before  mentioned,  or  Copy  of  Re-  s 

cord,  per  Copy  Sheet,  each  Sheet  containing  Ninety  Words,        J 
For  drawing  every  Writ  of  Election,  to  be  paid  by  the  Public, 
For  every  Scire  Facias, 
For  Writing  a  Warrant, 
For  making  up  every  Record,  and  entering  the  fame  in  a  Book  for  n 

that  Purpofe,  per  Copy  Sheet,    each   Sheet  containing  Ninety  f  0       04 

Words,  3 

S  f  i  Ckrk 


Clerk  of   the 

I. 

s. 

d. 

Crown  and  Cletk 

of  the  Peacs's 

0 

0 

4 

Feei. 

0 

I 

4 

0 

I 

4 

0 

0 

7 

0 

0 

7 

0 

I 

I 

0 

I 

I 

0 

0 

8 

0 

0 

7 

0 

0 

7 

0 

0 

4 

0 

0 

7 

0 

0 

7 

0 

0 

5 

0 

0 

7 

0 

0 

7 

0 

0 

4 

0 

0 

4 

0 

I 

I 

0 

0 

7 

0 

0 

7 

0 

0 

4 

0 

2 

8 

0 

I 

4 

0 

I 

4 

2_j4  LA   W  S    of    North-Carolina. 

A.  D.    1748. 

^-'^- — *  Clerk  of  the  Chancery's  Fees.  ."^ 

Feea.  rroclamation  Money,      /.      s.     d. 

Eor  filing  every  Bill,  or  other  Paper,  o       o .  ^^ 

For  every  Subpoena,  for  one  or  more  Perfons,  if  mentioned  in  the  l 

faid  Subpcena,  .}   °        '     4 

For  an  Injundlion  in  Chancery,  iifnh/\o        50 

For  a  Superfedeas,  and  Return,  '^  )  ©i:.vt>  j:'_!-^4 

For  entering  up  a  Decree,  .  jii3  o-   '2     8 

For  Calling  or  Difmiffion,  -lo'?  ©        o  -  iy 

For  taking  every  Depofition,  in  Writing,  o       o  >  "j 

For  Interrogatories,  if  drawn  by  the  Clerk,  o      ■  f  ./^i^ 

For  a  Dedimus  Potejlatem,  to  examine  Witnefles,  o      •  jO  Ig 

For  every  Petition,  or  Motion,  if  entered  in  Writing,  00..^ 

For  recording  of  any  Paper  not  before  mentioned,  or  Copy  of  Re-  )  ^  J. 

cord, /)^r  Copy  Sheet,  each  Sheet  containing  Ninety  Words,        J    ^i-.tSoHf^- 
For  fetting  down  the  Caufe  for  hearing,  01-4 

For  every  Search,  -      .  ,0       d--7 

Public  Regift=r'.  Puhlk  RegiJier'sFees.: 

*'^-  Proclamation   Money,  /.       s.     d. 

For  Regiftring  every  Birth,  Burial,  or  Marriage,  o       07 

For  Regiftring  a  Conveyance,  or  any  other  Writing,  or  giving  1 

a  Copy  thereof,  ^023 

For  every  Certificate  of  Birth,  Burial,  or  Marriage,  007 

sheriftFeei.  Sheriffs  Fees. 

Proclamation  Money, 
For  an  Arreft, 
For  a  Bail  Bond, 

For  ferving  a  Copy  of  a  Declaration,  if  done  by  the  Sheriff^, 
For  whipping  any  Perfon, 

For  ferving  a  Subpoena,  for  each  Perfon  named  in  fuch  Subpoena, 
For  Pilloring  any  Perfon, 
For  an  Attachment,  as  for  an  Arreft,  and  if  further  Trouble  by  moving  Goods, 

to  be  taxed  by  the  Court. 
For  executing  a  Warrant  of  Diftrefs,  or  an  Execution  againft  the^ 
Body  or  Goods,  if  not  above  Ten  Pounds,  Proclamation  Money,  >  o 
for  each  Pound,  J 

If  above  Ten  Pounds,  Proclamation  Money,  for  each  Pound  above,     o 
For  Imprifonment  for  Felons  or  Debtors,  or  any  other  Perfon,  for. 
each  Prifoner  per  Day,  for  finding  One  Pound  of  wholfome  Bread, 
One  Pound  of  wholfome   roafted  or  boiled  Flefti,  and   not  lefs  \ 
than  Two  Quarts  of  freflt  Water,  and  every  other  neceflary  Atten- 
dance, and  keeping  the  Prifon  clean. 
If  the  Prifoner  finds  himfelf  Viduah  and  Drink,  then  theSherifi^j 

ftiall  take  but  •.-      -  J   O        o     4 

For  fummuning,    impanneling,  ;and  attending  on  every  Jury  in  ? 

every  Caufe,  when  a  Special  Venire  (hail  iifue  by  Order  of  Court,  )  5     4 

For  putting  any  Perfon  in  the  Stocks,  and  releafing,  007 

For  a  Commitment,  if  by  Order  of  Court,  or  Mittimus,  028 

For  a  Releafement,  028 

For  ferving  a  Writ  of  Pofieliion  of  Land,  076 

For  waiting  on  any  Perfon  on  a  Habeas  Corpus,  per  Day,  028 

For  calling  every  Adion  each  Court,  o       o     4 

For  fummoning  the  Jury  on  a  Common  Venin ,  in  every  Caufe,  008 

For 


I. 

s. 

d. 

0 

5 

4 

0 

I 

0 

0 

I 

4 

0 

2 

8 

0 

2 

a 

0 

5 

0 

L    A    W    B      of'     N  O  R  T  H  -  C  A  R  O  L  I  N  A.  255 


For  Amercements  to  the  jVftices   of  the  County  Courts. 
■'\-  Oi;c.'i.b'^i  :  Proclamation  Money,     /. 

To  the  Juftices,    on  every  A6lion,    Prefentment,  01^  indictment^'  ' 

brought  as  an  Amercement,  •  '  '. '■    f.°' 

For  takinff  Examinations,  drawing  and  returmrig-,a  Recognizance;'  '^'6' 

.  ,ii.J\     -■    .'-r-r.fti    -xjr,   ,0,     .;:•;    ^    .   .      . 


For  every  Inquifition,  and  Return, 


Efcheatgr's  Fees. 

Proclamation  Money, 


Attcmey-Generar s  Fees. 
■  -••■    •       ''v;'^                              Proclamation  Money, 
For  every  Indiftment  found,  or  Prefentment  made. 
If  Bill  found  Ignoramus.,  then  the  Profecutor  Ihi^ll  pay  _ 
For  the  fame  in  the  County  Court,                      "  :,''..!. 
\^  ioxxwiS.  Ignoramus.,   then  the  Profecutor  to  pay 


/. 
I 

o 

o 

o 


1: 


'jttige  of  the-Adrfiiralty's  Fees. 

,m::ca  r        Proclamation  Money, 
In  Cafes  of  Seamens  Wages  or  other  Suit,  exceeding  Twenty  Pounds  ) 

Value  recovered,  for  the  firft  Day,  J  ' 

For  every  Day  more  than  one,  o 

For  a  Warrant  of  Arreft,  or  any  other  Warrant,  o 

For  admitting  the  Libel,  o 

For  every  Citation,  o 

For  every  definitive  Sentence,  o 


Regifier's  Fees  in  like  Cafes. 

Proclamation  Money, 
For  filing  every  Paper, 

For  regiftring  a  Libel,  '  '    '' 

For  regiftring  an  Anfwer,  or  Replication, 
For  taking  every  Affidavit,  in  Writing, 
For  regiftring  a  Decree, 
For  Difmiflion  of  every  Suit, 
For  continuing  every  Suit^ 
For  a  Citation, 

For  a  Subpoena  for  each  Evidence, 

For  regiftring  every  Paper  not  before  mentioned,  or  copying,  per  ) 
Copy  Sheet,  each  Sheet  containing  Ninety  Words,  ) 


/. 
o 
o 
o 

0 

o 
o 
o 
o 
o 

o 


the  Advocate's  Fees. 

Proclamation  Money,  /. 

The  King's  Advocate,  In  every  Caufc  when  he  appears  for  the  King,  2 

In  every  other  Cafe,  the  fame  as  another  Advocate,  i 

I'he  Marjhal's  Fees  in  the  Court  of  Admiralty. 

Proclamation  Money,  /. 

For  ferving  every  Warrant,  and  Return,  o 

For  ferving  a  Decree,  and  Return,  above  Five  Pounds,  o 

For  every  Pound  above  Five  Pounds,  o 

For  ferving  a  Citation,  Monition,  or  Notice,  o 


A.   D.   174S. 

Amerciaments  to 
the  Juftices. 


t        4 

28 


Efchcator's  Fee*. 
S.       d, 

12  O 

Attorney-Gene - 
J    ral's  Fees. 

s.     a. 
6     8 

13  4 

13      4 
6     8 


'M(i  Judge  of  the  Ad- 

"j.       d    •'^''^^'ty's  Fees. 

6     8 


13 
I 

I 

I 

5 


s. 
o 

4 
2 
I 
.2 
o 
o 
I 
o 


5 
8 

o 

2 


4 
4 
4 
4 
4 


Regifter's  Fees, 


d. 

7 

4 
o 
o 
o 

7 

7 
8 

8 


Advocate's  FeeSi 


s.     d. 

13     4 
10     o 


Marflial's  F«es, 


d. 

4 
o 

4 


"TH^e 


2ij6 


LA   W   S    of    North-Carolina. 


A    D.    1748. 
s ^ / 

Naval     OfRcer'l 
Jfeet, 


O 

O 
O 

o 


Colleftor'i  Tett. 


Surveyor-Gene  ■ 
ral'i  Feci, 


AuJitoi'i  Feci. 


'The  Naval  Officer's  Fees. 

Proclamation  Money, 
For  entering  and  clearing  Veftels  not  decked,  Boats  or  Canoes  of  1 

the  Country,  if  bound  to  Foreign  Parts,  J 

For  entering  and  clearing  decked  VelFels,  belonging  to  the  Country, 
For  entering  and  clearing  foreign  Veffels,  if  under  One  Hundred  1 

Tons,  J 

If  above  One  Hundred  Tons,  to  include  all  Fees,  except  fuch  as  ) 

are  in  this  Aft  particularly  mentioned,  _         S 

For  taking  Bonds  of  Maftcrs  of  Veffels,  to  be  underftood  of  either  i 

Bonds  which  Mafters  of  Veffels  are  obliged  to  give,  J 

For  a  Bond  in  order  to  obtain  a  Pafs,  for  People  going  out  of  the  7 

Country,  and  the  Pafs,  ^ 

For  a  Certificate  for  enumerated  Goods, 
For  a  Certificate  for  Bounty  in  England, 
For  figning  a  Permit  for  any  foreign  Veffel,  going  from  one  Diftrift  1 

to  the  other,  within  this  Province,  J 

For  figning  a  Permit  for  Country  Veffels,  going  as  aforefoid,  hav-  ^ 

ing  foreign  or  enumerated  Goods  on  board,  j 

Collector's  Fees, 

Proclamation  Money,     /. 
For  entering  and  clearing  foreign  Veffels,  if  under  One  Hundred  J 

Tons,  J 

If  above  One  Hundred  Tons,  including  all  Bufinefs  incident,  ex-  1 

cept  fuch  as  are  in  this  Act  particularly  mentioned,  5 

For  entering  and  clearing  open  Veffels  of  the  Country,  if  bound  to"| 

foreign  Parts,  including  as  aforefaid,  J 

For  entering  and  clearing  decked  Veffels  of  the  Country,  including 

as  aforefaid, 
For  a  Certificate  on  the  Change  of  a  Mafter, 
For  writing  and  figning  a  Regifter, 
For  recording  a  Regifter,  if  required. 
For  a  Certificate  for  enumerated  Goods, 
For  a  Certificate  for  Bounty  in  England, 
For  figning  a  Permit  for  any  foreign  Veffel,  going  from  one  Dif- 

tridl  to  another  within  this  Province,  . 

For  a  Permit  for  Country  Veffels,  going  as  aforefaid,  having  foreign 

or  enumerated  Goods  on  board. 
For  a  Permit  to  load,   and  unload,  o 

Surveyor-General* s  Fees. 

Proclamation  Money,  /. 

For  entering  a  Warrant,  and  certifying,  o 

For  furveying  a  Thoufand  Acres,  and  under,  i 

For  every  Hundred  above  a  Thoufand,  o 

Auditor's  Fees, 

Proclamation  Money,  /. 

For  auditing  every  Patent,  o 

For  entering  and  certifying  every  Warrant  for  Land,  o 


/.     s.     d. 


Receiver. Gene- 


O 
O 

o 
o 
o 


For  a  Warrant  of  Diftrefs, 


Receiver-General's  Fees. 

Proclamation  Money,    I- 


3 
6 

4 

10 

2 

3 

I 

2 

2 
I 


3 

6 

2 

5 
2 

I 

2 


2 
6 
I 


5 
2 


s. 

2 


3 
8 
o 

o 

8 

o 

4 
8 

8 

4 


s.     d. 

4     o 

10     o 


3 

8 

8 

4 
8 

4 
8 

8 


I     4 

I     4 


d. 
8 
8 
I 


4 
8 


d. 

8 


Coroner's 


L  A   TV  S    c/    North-Carolina.  257 


A.  D.  174S. 

Coroner's  Fees.  Y"*    ' 

Proclamation  Money,     /.      j.     J.     '"^    ' 


o 


For  every  Inquifition,  and  Return,  to  be  paid  out  of  theDeceafed's ) 

Eftate,  if  no  Eftate,  then  by  the  Country,  J 

For  each  and  every  Juror,  on  an  Inquifition,  to  be  paid  by  the  Co-  -j 

roner  out  of  the  Deceafed's  Eftate,  if  no  Eftate,  to  be  paid  by  S   o       14 

the  Country,  3 

For  the  Conftable,  for  fummoning  each  Juror  on  an  Inqueft,  007 

For  other  Services,  the  fame  as  tiie  Sheriff". 

Clerk  of  the  Coimcirs  Fees.  ^,^^1^  of  ,1,^ 
Proclamation  Money,     /.      s.     d.  Coundi-s  Fees. 

For  reading  every  Paper  in  Council,  007 

For  entering  every  Order  of  Council,  007 

For  every  Search,  or  Copy  of  an  Order  of  Council,  007 

For  every  Citation,  or  Summons,  007 

For  Adminiftring  every  Oath,  0.      04 

For  drawing  every  Petition,  if  drawn  by  the  Clerk,  o       o   10 

Eor  taking  every  Dcpofition,  in  Writing,  007 

For  filing  every  Paper,  007 

For  recording  every  Paper  not  before  mentioned,  or  Copy  thereof^  7 

per  Copy  Sheet,  each  Sheet  containing  Ninety  Words,  5 


o 


III.  A  N  D  he  it  further  EnaSfed.,  hy  the  Authority  aforefaid.  That  the  Clerk- cUrkt  of  the 
of  the  General  Court,  and  every  County  Court,  and  every  other  Court  of  this  fu "T  an " f*"^ 
Province,  fliall  make  out  a  Bill  of  Cofts,  and  deliver  the  lame  to  the  Party  ^'^^^>  ^'^  if  the 
from  whom  the  Fees  are  due,  or  to  his  Attorney  -,  and  on  fuch  Perfons  not  pay-  whom  the""me 
ing  the  fame,  it  lliall  and  may  be  lawful  for  the  Clerk  of  every  Court,  to  make  "  ''".'=  '*'^"'^^  !" 
out  Execution,  direded  to  the  Sheriff^  of  the  County  where  the  Party  refides,  on'  m.'y  iffue"  to  • 
and  the  faid  Sheriff  fhall  levy  the  fame,  in  Virtue  of  the  faid  Execution,  as  in  f^  ^'he^f  " 
other  Cafes ;  and  that  to  the  faid  Execution,  fhall  be  annexed  a  Copy  of  the  with  the  Bin  of 
Bill  of  Cofts  of  the  Fees,  on  which  fuch  Execution  Ihall  iflue ;  and  that  all  Ex-  ^^^^-^^  "f""'„'^ ' 
ccutions  iflUing  without  the  Copy  of  fuch  Bill  of  Cofts  annexed,  ftiall  be  deemed  Execution  mher. 
illegal,  and  no  Shenff  fhall  ferve  or  execute  the  fame,  under  the  Penalty  of  Five  ^J"'  "  ^"*^''* 
Pounds. 

IV.  PROVIDED  always,  audit  is  the  true  Intent  and  Meaning  of  this  A£f,  Execution  may  be 
That  any  Execution,  againft  the  Body  or  Goods  of  any  Perfon,  ftiall  and  may  be  inf ''eaofs  Note!" 
difcharged  by  Tender  and  Payment  of  Infpeftors  Notes  for  Commodities,  as 

rated  in  an  A61,  intituled.  An  A^.,  for  granting  an  Aid  to  his  Majefiy,  to  defray 
the  Expences  of  tranfporting  the  fever al  'Troops  inlijled  in  his  Majejty's  Service  in 
this  Colony.,  and  to  afcertain  the  Method  of  paying  all  Taxes  and  Levies  in  Commo- 
dities ;  mnd  for  other  Purpofes  therein  mentioned. 

V.  AND  he  it  further  Ena^ed,  That  when  any  Perfon  fliall  pay  to  any  Of-  officer,  to  give  a 
ficer  within  this  Province,  any  Fees  due  to  fuch  Officer,  the  aforefaid  Officer  leceJltThdr 
ftiall,  on  the  Receipt  of  fuch  Fees,  if  demanded,  give  a  Ticket  of  fuch  Fees,  '''"'■ 

with  a  Receipt  for  the  fame  j  under  the  Penalty  of  Five  Pounds. 

VI.  AND  that  the  People  may  better  know  what  Fees  are  due  to  the  feverat  officer,  to  keep 
Officers  aforefaid,  Be  it  further  Enacted,  by  the  Authority  aforefaid.  That  each  ^  Table  of  their 
refpeftivc  Officer  within  this  Province,  ftiall,  within  Three  Months,  next  after  fhe'rfcTer.i'offi" 
the  Ratification  of  this  A(ft,  fet  up,  in  fome  Public  Place  in  his  Office,  a  Table  «'» <>"  Ven.  of 
of  the  Fees  that  may  be  taken  by  fuch  Officer,  according  to  the  Diredions  of  this  Ly-.  NeguX' 

T  t  t  Ad-, 


258  LA   W   S     of    North-Carolina. 

ji.  D.   1748^  j^^  .  jjj^j  £j^^j|  (Continually  keep  the  fame  up,  under  the  Penalty  of  Five  Shil- 
V—       lings,  for  every  Day  fuch  Tabic  Ihall  not  be  fo  fixed  up. 

Penait  on  offi-  ^^^'  ^ ^ ^  h  it  further  Ena^ed,  That  if  any  Officer  fliall  demand,  extort, 
ccrs  taking  larger  cxad,  or  Teceivc,  undcr  Colour  of  his  Office,  any  other  or  larger  Fees  than  what 
fn'Vhdi  Duty?    ^^  particularly   mentioned  in  this  Aft,  or  fhall  refufe  to  do  the  particular  Service 

in  his  Office  for  the  Fees  in  this  A(5t  expreffed,  fuch  Officer  Ihall,  far  every  fuch 

Offence  or  Default,  forfeit  the  Sum  of  Five  Pounds. 

Penalty  oncietks  VIII.  A  N D  be  it  further  Enci^lcd^  by  the  Authorty  aforefaid.,  That  no  Clerk 
Fe'es"^  ^^"^'"  of  the  General  Court,  or  any  County  Court,  fhall  introduce  any  new  Fees  -,  nei- 
ther fhall  he  charge,  in  any  Bill  of  Cofls,  any  Fees  for  any  pretended  Service 
where  the  fame  is  not  really  and  actually  done,  or  where,  according  to  the  Courfc 
of  Practice,  the  lame  *vas  not  neceffary  to  be  done  ;  undcr  the  Penalty  of  Twenty 
Shillings,  for   every  Offence* 

Fines  how  to bi  IX.  A  N  D  be  it  further  Ena^ed,  That  the  feveral  Penalties  in  this  A&' 
Ippli'ed?'''  *"**  mentioned,  fhall  and  may  be  recovered,  by  any  Perfon  or  Perfons  that  will  fue 
for  the  fame,  before  any  Magiflrate  or  Magiflrates,  or  in  any  Court  of  Record  in 
this  Province,  Refpedt  being  had  to  their  feveral  Jurifdi6lions,  as  is  prefcribed  by 
Law  for  the  Recovery  of  other  Debts  •,  wherein  no  Elfoign,  Prote&ion,  Injunc- 
tion, Privilege,  or  Wager  of  Law,  :fhall  be  allowed  or  admitted  of-.  One  Half  to 
the  Profecutor,  the  other  Half  to  the  Churchwardens,  for  the  Ufe  of  the  Parifli 
where  the  Offence  is  committed. 

rfofecutirns    to       X.  PROVIDED  ahuays.  That  all  Profecutions  for  any  Penalty  or  Pcnal- 
withlnTYeari.  t:ies,  by  Virtue  of  this  Aft,  fliall  be  commenced  within  Two  Years  aftef  the  Of- 
fence is  committed,  and  not  after. 

No  other  Fees  to  XI.  A  N  D  be  it  fto'thcr  Enacted,  by  the  Authority  aforefaid^  That  no  new  or 
ta\ct"Jh"n'thofI  ^^^^^  ^^^^  ^^^^  hereafter  be  created  or  made,  by  any  Perfon  or  Perfons  whatfor 
fettled  byGensjai  cvcr,  or  bc  demanded,  taken,  or  received,  otherwife  than  fuch  as  fliall  be  cfla- 
Aflembiy.  blifhcd  by  the  Authority  of  the  Governor,  Council,  and  General  AfTembly  ;  any 

Law,  Cuftom,  or  Ufage,  to  the  contrary,  notwithflanding. 

RepesiingCiaufe.  ^^^-  ^  ^ D  be  it  further  Enabled,  That  all  other  Aft  and  Afts,  Claufes, 
Matters,  and  Things,  heretofore  made,  relating  to  Officers  Fees,  fo  far  as  is 
within  the  Purview  of  this  Aft,  are  hereby  repealed  and  declared  to  be  null  and 
void,  to  all  Intents  aiid  i^iirpofes. 


Yw^' 


CHAP.     III. 


An  AB,  for  laying  a  Tax  on  the  Inhabifa?7ts  of  Granville  County,  and  for 
appointing  Commif toners  to  compleat  and  fijiifi  the  Public  Buildings  aU 

ready  begun  in  the  f aid  County. 

■  '•'■■ 

Prcimble.  ^-  WJ  ^  ^  ^  E  -^  ^'  yyj  zxi  Aft  of  the  General  AfTembly  of  this  Province, 

YY  pafled  at  Neivbern,  on  th?  Twenty  F^ighth  Day  of  June,  in  the 
Twentieth  Year  of  the  Reign  of  our  Sovereign  Lord  George  the  Second,  by  the 
Grace  of  God,  of  Great-Britain,  France,  and  Ireland,  King,  Defender  of  the 
Faith,  Wc.  and  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 
Forty  Six,  intituled,  Ak  A£f,  fofdividihg  ¥.dgcomh  County,  a7id  for  erecting  the 
upper  Part  thereof  into  d  County  and  Parifh,  by  the  Name  of  Granville  C(?w«/}', 
and  St.  John's  Farijh,  and  for   appointing  Veftrymen  of  (he  faid  Parijh ;  a  Tax 

was 


L  A  IV  S     of    N  o  R  T  H  -C  A  R  o  L  J  <4  A.  259 

Was  laid,  for  Two  Years,  of  Two  Shillings,  IVoclamation  Money,  for  building    ^-  ^-   '''^V 
a  CoLiit-houfc,  Trifon,  and  Stocks,  in  the  faid  County,  and  running  the  dividing  '^ 

Line  between  Crai'en  and  Edgcanb  Counties  •,  which  laid  Tax  is  found  infuliicient 
for  running  the  faid  Line,  and  compleating  the  faid  Buildings  of  the  faid  County  : 

II.  W  E  thervfore  pray  it  may  be  Enacted^  A72d  be  it  Enacted^  by  his  Excellency  t  x  laid  f^r  fi- 
Gftbriel  Johnilon,  £y^-,  Govcrncr,  by  and  with  the  Advice  and  Confent  of  his  Ma-  I'c  BuUd,ngs,  t%, 
jejly's  Council,  and  General  jlffemhly  of  this  Province,  and  it  is  hereby  Enacted,  by 

the  Authority  cf  the  fame,  I'hat  a  further  Tax  ot  Two  Shillings,  rroclamation 
Money,  for  Two  Years,  enfuing  next  alter  the  Ratification  of  this  Act,  and  no 
longer^  be  laid,  and  the  faid  Tax  of  Two  Shillings,  Proclamation  Money,  is 
hereby  laid,  on  each  and  every  Taxable  in  the  faid  County,  for  and  towards  com- 
pleating and  tinilhing  the  faid  Buildings,  and  the  Charge  of  running  the  faid 
j^jjiej  and  fliall  be  colkdled  and  paid.  Annually,  by  the  Sheriff"  of  the  laid 
County,  .af.  fuch  Times,  and  Places,  and  in  the  fame  Manner,  as  other  Taxes 
gre  coileded  and  paid. 

III.  AND  be  it  further  EttaBed,  by  the  Authority  aforefaid.  That  the  She-  siinfF  to  ac 
riff"  of  the  faid  County  fhall  account  for,  on  Oath,  with  the  CommiHioners. here-  owmoncrs*** 
inafter  appointed,  for  all  fuch  Sums  of  Money  and  Commodities,  as  he  Ihallre-'  f-r  sU  Monks  by 
ceive  in  Virtue  of  this  A(5l,  under  the  Penalty  of  Five  Pounds,  Proclamation  '"'"uobeauS 
Mon^y  i  to  be  recovered,  by  the  Commiflioners  in  this  Aft  hereinaiter  namedj  6  />«•  Cf.■;^ 

in  any  Court  of  Record  within  this  Province,  wherein  no  Effoign,  InjuncUon, 
Proteftion,  or  Wager  of  Law,  fliall  be  allowed  or  admitted  of  j  and  the  faid 
Sheriff,  for  coUeftlng  and  paying  the  faid  Tax,  fliall  have  and  receive  Six  -per 
Cent,  and  may  deduft  the  fame  accordingly. 

IV.  AND  be  it  further  Ena^cd,  by  the  Authority  afore  faid.  That  Mr.  JVil-  commiffioncrs . 
Ham  Eaton,    and  Mr.  Edzvard  Jones,  be,  and  are  hereby  appointed  Commif-  ^''P'^'"'*^'^- 
fioners,  to  compleat  and  finiOi  the  faid  Buildings,  and  defraying  die  Charge  of 
running  the  faid  Line  :  Which  faid  Commiffioners  fhall.  Yearly,  account  with  the 

Court  of  Granville  County,  for  all  fuch  Sums  of  Money,  as  they  Ihall  receivfc 
from  the  laid  Sheriff",  in  Virtue  hereof,  under  the  Penalty  of  Five  Pounds,  FrcA 
damation  Money  •,  to  be  recovered  by   any  Perfon  who  fliall  fue  for  the  fanieV' 
and  applied  as  herein  after  direfted.  .-^ 

V.  A  N  D  be  it  Enacted,  by  the  Authority  aforefaid.  That  all  Forfeitures  Forfeitures  how 
arifing  in  Virtue  of  this  Aft,  fliall  be  recovered  as  aforefaid,  and  applied  for  and  Ii«i''appUtr"^i 
towards  the  Ufe  the  Ta^;l4id  by  this  Aft  is  intended.  ,  ■■  ■ 


CHAP.     IV.  ^'I 


70 


An  A5i,  to  prroent  the  Exportation  of  raw  Hides,  Pieces  of  Hides,  arid 

Calf  Skim,  out  of  this  Govem7?ie?it. 

^-  W^  [^  EnaSted,  by  his  Excellency  Gabriel  Johnfl:on,  Efq\  Governor,  by  and  ,,^„3,ty  „„  n„. 

Xjf  "^ith  the  Advice  and  Confent  of  his  Majcfifs  Council,  and  General  Affembly  f"ns  exporting 
of  this  Province,  and  it  is  hereby  Enabled,  by  the  Authority  of  the  fame.  That, "'' "'''"'  *'• 
from  and  after  the  Fifteenth  Day  of  Augufi,  next  enfuing  the  Ratification  of  this 
Aft,  no  Mailer  or  Commander  of  any  Ship  or  VeflTel,  bound  out  of  this  Go- 
vernment, fliall  receive,  or  fliip  on  board  his  VeflTel,  any  Hide  or  Hides,  Piece 
or-  Pjeces  of  Hides,  of  Neat  Cattle,  or  Calf  Skins,  raw  and  untanned,  or  fliall 
permit  the  fame  to  be  done  by  others  •,  and  every  Mafl:er  or  Commander  of  any 

Ship 


26o  LA  W  S    of    No^rth-Carolina. 


^  D.  1748^  Ship  or  Veflel  fo  offending,  (hall  forfeit  and  pay,  for  every  Hide,  Piece  or  Pieces 
'^  of  Hide,  or  Calf  Skin,  the  Sum  of  Ten  Shillings,  Proclamation  Money  -,  to  be 

recovered,  before  any  one  Juftice  of  the  Peace,  by  him  or  them  that  Ihall  pro- 
ttidc!  to  be  f.r-  ^^'^"^^  ^"d  fue  for  the  fame  -,  and  the  Hides,  Piece  or  Pieces  of  Hides,  or  Calf 
feitcd  to  the  I'a-  Slcins,  fo  lliipped,  contrary  to  the  true  Intent  and  Meaning  of  this  A6t,  Ihall  be 
*'*•  immediately  fold,  by  Order  of  the  Juftices  before  whom  the  Convidion  Ihall  be, 

and  the  Money  arifing  from  fuch  Sale,  Ihall  be  delivered  to  the  Churchwardens, 

for  the  life  of  the  Parifh  where  the  Offence  fhall  be  committed  ;  the  Ri»ht  of 

Appeal  to  the  next  County  Court  always  referved. 

Offenders  haw  to  ^^*  AND  fof  the  motc  eafy  Convidion  of  the  Offenders  againft  this  Adt,  Be 
btf  convifted.  //  Enacted.,  by  the  Authority  af ore/aid^  That  the  feeing  any  fuch  Hide  or  Hides, 
Piece  or  Pieces  of  Hides^  of  Neat  Cattle,  or  Calf  Skins,  raw  and  untanned,  re- 
ceived or  fhipped  on  board  any  Ship  or  Veflel  outward  bound,  and  due  Proof 
made  before  any  one  Juftice  of  the  Peace  of  the  County,  fhall  be  deemed  and 
taken  fufhcient  Evidence  in  Law  to  convid  the  Mafter  or  Commander  of  fuch 
Ship  or  VefTel  of  the  Offence  aforefaid. 

^rovifo.  III.  P  RO  FID  E  D  always,  That  if  the  Maflcr  or  Commander  of  fuch  Ship 

or  VefTel,  fhall  make  Oath,  that  fuch  Hide  or  Hides,  Peice  or  Peices  of  Hides, 
or  Calf  Skins,  were  not  fhipped  or  received  on  board  his  Ship  or  VefTel,  with  his 
Knowledge,  Privity,  or  Procurement,  in  that  Cafe,  he  fhall  not  incur  nor  pay 
the  Forfeiture  above-mentioned  •,  but  the  fame  fhall  be  paid  by  the  Perfon  who 
fhall  have  put  the  fame  on  board,  and  the  Hide  or  Hides,  Peice  or  Peices  of  Hides, 
or  Calf  Skins,  fo  put  on  board  as  aforefaid,  Hiall  be  forfeited,  fold,  and  difpofed 
of,  in  Manner  as  aforefaid. 

Maftei-i  of  Vtf.      IV.  A  N  V  be  it  further  Enacfed^  by  the  Authority  aforefaid.,   That  every 
Ws  to  take  an  Mofler  Or  Commander  of  each  and  every  VefTel,  bound  out  of  this  Province,  at 
the  Time  of  his  clearing  his  VefTel  out,  fhall  make  Oath,  to  ivity 

The  Oath.  T  A.  B^  Majier  of  the  Veflel  H.  do  fiacar.  That  there  is  not,  to  my  Knowkdgg^ 
X  or  Belief,  on  board  my  faid  Veffel,  any  Hide  or  Hides.,  Peice  or  Peices  of  Hides, 
of  any  Neat  Cattle,  or  Calf  Skin,  or  Calf  Skins.,  raw  and  untanned,  and  that 
none  fuch  ftjall  be  tranfported  in  my  faid  Veffel  this  Voyage,  with  my  Privity. 

So  help  me  God. 

«»iitae,»n6t  to  Which  Oath  each  and  every  Collector  of  the  feveral  and  refpedive  Ports  within 
Vtfla""  wf  h'  ^^^  Province,  or  his  Deputy,  is  hereby  authorized  and  required  to  adminifler : 
.dminiflring  *he  And  cvcry  Colledor,  or  Deputy  CoUedor,  who  fhall  clear  out  any  VefTel  or 
J'Jjj  '="  ***"'  VefTels,  without  firfl  having  adminiflered  the  Oath  aforefaid,  according  to  the 
'      '  true  Intent  and  Meaning  of  this  Ad,  fhall  forfeit  and  pay  the  Sum  of  Fifty- 

Pounds,  Proclamation  Money  •,  to  be  recovered  by  Adion  of  Debt,  Bill,  Plaint, 
or  Information,  in  any  Court  of  Record  within  this  Province ;  One  Half  to  the 
Informer,  the  other  for  and  towards  the  contingent  Charges  of  Government ; 
wherein  no  EfToign,  Protedion,  Injundion,  or  Wager  of  Law,  fhall  be  allowed 
or  admitted  of. 

Continuance   cf      Y .  A  N  B  be  it  fuTther  Enabled,  by  the  Authority  aforefaid.  That  this  Ad 
the  Aft.  j^^jj  continue  and  be  in  Force,  for  the  Term  of  Fifteen  Years,  and  from  thence 

to  the  End  of  the  next  SefTion  of  AfTembly,  and  no  longer. 


CHAP. 


L  A  JV  S   of  North-Carolina.  261 


A    O.     1748 

CHAP.    V.  v--^-— i 

An  Adiy  to  appoint  Commijionen  to  continue  running  the  Boundary  Line 
betiaeen  Edgcomb  County^  Tyrell,  and  Part  of  Beaufort  Ctunties, 

1.  WJ  H  E  R  E  A  S  the  Comminioners,    appointed   by  an  Acft,  intituled,  ProamWe, 

V V  ^'^  ^'^»  f*^^  afcertaining  the  Boundary  Line  hettveen  Tyrell  County^  and 
Beautort  County,  and  between  Edgcomb  County^  and  TyrcU  County,  and  Beaufort 
County,  have  run  a  dividing  Line  between  Edgcomb  County,  and  Tyrell  County, 
and  Part  of  Beaufort  County,  aind  Edgccmh  County,  from  Rcancke  River,  as  far 
as  the  IVlotith  of  Cheek's  Mill  Creek,  on  Tar  River,  in  Beaufort  County  -,  and 
whereas  the  Tax  laid  and  coliedted  in  the  faid  feveral  Counties,  for  defraying  the 
Charge  of  running  the  faid  Boundary  Lines,  is  found  infufficicnt  for  carrying  on 
the  fame  :  ' 

II.  W  E  thci-efore  pray  it  may  be  Enacfled,  Jnd  If  it  EnaBed,  by  his  Excellency  ^"^^/^''''^nen 
Gabriel  Johnfton,  £/f,  Governor,  by  and  with  the  Jdvice  and  Ccnfent  of  his  Ma-  '^^°''"'*'° 
jejly's  Council,  and  General  /iffembly  of  this  Province,  and  it  is  hereby  Enacted,  by 

the  Authority  of  the  fants.  That  Mr.  Jofeph  Howell,  and  Mr.  Jofeph  Lancy 
be  and  are  hereby  appointed  Comrfiiffionefs,  for  finifliing  the  faid  Line  between 
Part  of  Edgcomb,  Beaufort,  and  Johnjlon  Counties,  already  begun  and  carried  on, 
to  the  Mouth  of  C^^f^'s  Mill  Creek,  \x\  Beaufort  Coxxvwj,  on  T'^r  Ri/tr,  and 
from  thence  iliail  run,  with  a  ftrait  Line  to  Contcnlnee,  at  the  Mouth  of  Tofneat  ■■*  - 
Swamp,  and  thence  up  the  main  Stream  ot  Contentnee,  oppofite  to  the  Mouth  of 
Cyprus  Swcimp,  on  Tar  River  ;  which  faid  Line,  when  run  by  the  Commiffion- 
crs  aforefaid,  fhall  be  by  them  entered  on  Record,  in  the  Court  of  Edgcomb 
County  aforefaid,  and  Ihali  hereafter  be  deemed  and  taken  to  be  the  true  Bounds 
cf  the  faid  County. 

III.  AND   for  defraying  the  Expence  of  continuing  the  running  the  faid  T'"  fo  t' '=''<5  m 
Koundary  Lines,  Be  it  Enatled,  by  the  Authority  aforefaid.  That  it  fhall  and  may  pence! 

He  lawful  for  the  Jufticcs  of  the  faid  County  Court  of  Edgcomb,  and  they  are' 
hereby  authorized  and  impowcred,  to  lay  a  Tax  on  all  the  Taxable  Perfons  with- 
in the  faid  County,  not  exceeding  Three  Pence,  Proclamation  Money,  for  de- 
fraying the  Expence  of  finilliihg  the  faid  Line,  and  recording  the  fame  as  afore- 
faid ;  which  fiid  Tax  fhall  be  paid  and  colleded  in  the  fame  Manner,  and  at  the 
fame  Times,  other  TaXes  are  coUecffed  and  paid  in  the  faid  County. 

IV.  AND  be  it  further  Ena£led,   by  the  Authority  aforefaid.  That  all   and  RepeaUfgCiaeJe; 
every  Claufe  and    Claufes   of  the  Ad,    intituled.    An  AB,  for  afcertaining  the 
boundary  Line  between  Tyrell  County,  and  Beaufort  County,  a^jd  between  Edacomb 

County,  Tyrell  County f  and  Beaufort  County,  fo  far  as  relatee  to  running  the  boun- 
dary Line  betv^ecn  Edgcomb  County,  and  Beaufort  County,  is  and  are  hereby 
repealed  and  made  void,  as  if  the  fame  had  iiever  been  made. 


CHAP.    VI. 

An  AB,  for  deflroying  Vermin  in  this  Province, 

^'  "D  ^  '^  EnaBed,  by  his  Excellency  Gabriel   Johnfton,  Efq\  Governor,  by  and 

13  ^iil^  the  Advice  and  Confent  of  his  Majefly^s  Council,  and  General  AJfembly 

ef  this  Province,  and  by  the  Authority  of  the  fame.  That  from  and  after  the  Rati- 

U  u  u'  fication 


262 


L  A  W  S    of  North-Carolina. 


A-  a.   1748- 


Ptrfon«    killing 
Vttinin  inntuled 
taaHewird. 


CeTtificate  how 
«e  li's  procured. 


J?erfons  having 
lEertificttes,    to 
deliver  them  to 
tlie  Veftry  once  a 
Year. 


MjgJftraSes  t« 
keep  a  Lift  of  all 
Ccrtificatts,  and 
tranrmlt  them  to 
the  Veftry. 


fication  of  this  Aft,  any  Perfon  or  Perfons  that  fhall  kill  any  of  the  Vermin  here- 
after tnerinoned,  fhall  be  intituled  to  a  Claim  upon  the  Parifh  where  fuch  Vermin^ 
was  killed,  the  feveral  Rewards  as  follow,  viz.  For  every  Panther,  Ten  Shil- 
lings, Proclamation  Money  ;  for  every  Wolf,  Ten  Shillings,  Proclamation  Mq" 
ney  ;  and  for  every  Wild-Cat,  Two  Shillings  and  Six  Pence,  Proclamation  Mo- 
ney ;  'to  be  levied  and  recovered  as  by  this  Acl  fliall  be  dire£ted. 

IT.  AND  he  it  further  Ena£feiiy  by  the  Authority  aforefaid.  That  any  Perfon 
or  Perfons,  who  fhall  have  a  Claim  for  killing  any  of  the  aforefaid  Vermin,  arc 
hereby  ordered  to  produce  the  Head  or  Scalp,  with  both  Ears,  before  any  Ma- 
giftrate,  who  is  to  adminiller  an  Oath  to  fuch  Perfon  claiming  the  fame,  That  it 
was  taken  and  killed  within  the  Bounds  of  fuch  Parifh  where  fuch  Claim  is  defired 
to  be  paid  -,  and  if  it  be  a  Servant,  Slave,  or  Indian.,  that  fliall  kill  any  fuch 
Vermin,  of  which  the  Head  or  Scalp  fliall  be  produced,  as  aforefaid,  the  Mafter 
or  Owner  of  fuch  Servant  or  Slave,' or  he  that  makes  Claim  for  fuch  Scalp  or 
Scalps,  in  Behalf  of  an  Indian^  fhall  make  Oath,  before  fuch  Magiftrate,  that  he 
verily  believes  the  fame  was  taken  and  killed  within  the  Parifh  where  the  Reward 
is  claimed  :  Which  Oath  being  adminiftered  to  the  Perfon  who  makes  the  Claim, 
the  faid  Magiftrate  is  hereby  direfted  to  give  the  faid  Perfon  a  Certificate,  in^ 
Words  at  Length,  for  the  fame,  which  done,  the  faid  Magiftrate  flaall  immer  • 
diately  caufe  the  Head  or  Scalp  to  be  deftroyed,  by  burning  the  fame. 

III.  AND  be  it  further  Ena^edy  by  the  Authority  aforefaid^  That  any  Per- 
fon or  Perfons,  baving  a  Certificate  from  any  Magiftrate  within  the  Parifh,  for 
taking  and  killing  any  of  the  Vermin  aforefaid,  fhall  deliver  the  fame  to  the 
Veftry  and  Churchwardens  where  fuch  Certificate  from  the  Magiftrate  was  ob- 
tained •,  which  faid  Certificate  fhall  be  delivered  to  fuch  Veftry  and  Churchwarr 
dens.  Yearly,  on  Eafter-Monday,  in  every  Parifli  within  this  Province  :  And' 
fuch  Magiftrate  fhall  keep  a  Lift  of  each  and  every  Certificate  by  liim  given  as 
aforefaid,  in  which  he  fhall  infert  the  Perfons  Name,  the  Time  when,  and  the 
Number  of  Scalps  fuch  Certificate  v/as  given  for,  and  fhall  tranfmit  fuch  Lift  to 
the  Veftry  and  Churchwardens,  at  the  Time  herein  before-mentioned  for  giving 
in  the  faid  Certificates. 


Tlx'^to"  'a'^u      ^^'  ^NDhe  if  further  EnaEled,  by  the  Authority  aforefaid^  That  the  feveral 

ciaimi.  Veftries  and  Churchwardens  in  every  Parifh,  are  hereby  required,  authorized, 

and    impowered^  to   levy  the  faid  Claims  on  the   feveral  Taxables  within  each 

Parifh,  in  Proclamation  Money,  or  the  rated  Commodities,  as  other  Parifh  Dues 

within  this  Province  have  heretofore  been. 


Juftieet  allowed 
Xiptr  Ctnt, 


Penalty  on  Vef- 
try, Juft^ces,  &c. 
nceUiting  their 
0uty. 


V.  AND  be  it  Ena£ledy  That  the  Jufticc  or  Juftices  giving  Certificates,  and 
deftroying  the  Heads  and  Scalps  of  Vermin,  as  is  by  this  A6t  directed,  fhall  have 
aud  receive,  for  their  Trouble  therein,  Ten  per  Cent,  paid  to  them  out  of  the 
Premium  granted  to  Perfons  for  killing  of  Vermin,  at  the  Time  that  the  Premi- 
um is  paid  to  Perfons  claiming  by  Virtue  of  this  A6t. 

VI.  AN  D  it  is  hereby  further  Enact edy  That  if  the  Veftry  or  Churchwardens, 
Juftice  of  the  Peace,  or  Conftable,  fhall  negledt  or  refufe  to  execute  and  difcharge 
the  feveral  Trufts  and  Powers  to  them,  or  either  of  them,  by  this  A6t  given, 
that  he-or  they  fo  neglecting  or  refufing,  fhall  forfeit  and  pay  the  Sum  of  Five 
Pounds,  Proclamation  Money,  to  him  or  them  that  fhall  inform  or  fue  for  the 
fame  -,  to  be  recovered  by  Adiion  of  Debt,  Bill,  Plaint,  or  Information,  in  any 
Court  of  Record  in  this  Government,  i>vhercin  no  EfToign,  Protection,  or  Wager 
of  Law,  Ihall  be  allowed  or  admitted  of. 


CHAR 


L  A  IV  S    ^North-Carolina.  26^ 

A.  D.    7748. 

CHAP,     VII. 

An  ASly  to  enlarge  the  I'ime  for  the  ComTriiJfioners  of  the  Roads,  appointed 
by  the  A^  of  Ajjembly  pajjed  April  the  'Twentiethy  One  Thou  [and  Seven 
Hundred  and  Forty  Five,  intituled,  An  Ad:,  to  impower  the  feveral 
Commlffioners  herein  after-naix^d,  to  make,  mend,  and  repair  all 
Roads  and  Bridges,  Cuts  and  Water-Courfes,  already  laid  out,  or 
hereafter  to  be  laid  out,  in  the  feveral  Counties   and  Diftridls   herein 

•  after-appointed,  in  fuch  Manner  as  they  judge  moft  ufeful  to  the 
Public,  to  recover  the  feveral  Sums  due  from  Defaidters. 

I-  WJ  H  E  R  E  A  S  the  Time  by  the  faid  Aft,  for  the  Commifllonerscal-  PrMmUe, 

Vy  'i"g  before  them  fuch  as  they  fhould  fufpcd  wers  Defaulters,  and  for 
proceeding  againft  fuch,  V/as  in  the  faid  Ad  limited  to  three  Months,  from  the 
Katification  thereof ;  which  Time  was  fo  (hort,  that  the  feveral  Commilfionors 
could  not  procure  Copies  of  tlie  Ad  within  the  Time  limited  :  Wheretore, 

IT.  B  E  ft  Etjfi.cted,  by  his  Et<celkncy  Gabriel  Johnfton,  Efq-,  Gcverncr,  by  end  ^vmn^^'^'^ncH 
with  the  Advice  and  Ccnjent  of  his  Majejiy's  Council,  and  General  Jffcmbly  of  this  '^Z^'vjf  ' 


lUltCTS 


.Prcvince,  and  it,  is  hereby  Enacted,  by  the  Juthority.  of  the  fame.  That  the  fe-  ^'"'^  '"*^°"' 
veral  Ccmmifnoners  in  the  faid  Adt  mentioned,  Ihall  have  full  Power  and  Au- 
thority to  proceed  againft  all  fuch  Perfons  as  they  fhall  fufped  are  Defaulters,  in 
the  fame  Manner  as  by  the  faid  Ad  is  direded,  at  any  Time  within  the  Space  of 
Eighteen  Months,  from  the  Ratification  of  this  Ad,  as  fully  and  amply,  as  if 
the  fame  f:ighteen  Months  had  been  infcrted  in  the  faid  A6t. 


CHAP.    VII. 


An  A51,  to  provide  indifferent  Jurymen  in  all  Caufes,  both  Civil  and  Cri- 
minal, and  for  an  Allowance  for  their  Attendance. 

I.  rr^  HAT  indifferent   Jurors,  in   all  Courts  of  Judicature  within  this  Pro-  Pr^mbk. 

X     ^'J^ce,    for  all  Tryals  hereafter,  may  be  had,  and  that  the  Charge  and 
Expence  of  their  Attendance  may  be  equally  borne  : 

II.  WE  pray  that  it   nmy  be  Enaded,  And  he  it  Enacted,  by  his  Excellency  NoPcrf.n  to  be 
Gabriel  Johnfton,  Efq;  Ccvirnor^  by  and  -with  the  Mvice  and  Ccnfent  of  his  Ma-  ]J^ZTr"'^^\^ 

jefty's  Council,  and  General  Affembly  of  this  Province,  and  it  is  hereby  Enacted,  by  fi'd  bylhu'^Aa^ 
the  Authority  of  the  fame.  That  from  and  after  the  laft  Day  of  May  next,  after 
the  Ratification  of  this  Ad,  no  Perfon  fhall  be  a  Juryman  in  the  General  Court, 
Court  of  Aflize,  Court  of  Oyer  and  Terminer,  and  General  Goal  Delivery,* 
within  tills  Province,  but  fuch  who  are  eleded,  fummoned,  and  returned,  ac* 
cording  to  the  Dirtdions  of  this  Ad  ;  and  if  any  other  Perfon  or  Perfons  Ihall  be 
fummoned  to  fcrve  as  a  Juryman,  and  returned  to  the  General  Court,  Court  of 
Aflize,  Court  of  Oyer  and  Terminer,  and  General  Goal  Delivery,  of  this  Pro- 
vince, it  fhall  be  good  Challenge  for  either  Party,  and  the  Perfon  fo  returned, 
Ihall  be  difcharged  upon  the  faid  Challenge. 

III.  AND  be  it  further  Enacted,  by  the .  Authority  aforefaid.  That  once  in  Jui-yf"'" ''<"»t» 
Six  Months,  at  each  and  every  County  Court  within   this  Province,  next  after  *"*  ^'*"'"'*''' 
the  firft  Day  of  January,  and  the  firft  Day  of  July  Yearly,  in  open  Court,  the 

Juftices  ©f  each  and  every  County  Court,  together  with  the  then  Grand- Jury, 

Ihall 


264  L  A  IV  S    of  North -Carolina. 


A  D.   1748.    ^^\\  giejC]-  anJ   choofe  Twelve  knowing  fubftantial  Freeholders   of  the  feverai 

V ^ ^  Counties,  (except  thole  Counties  where  the  General  Court,  Cnurtof  Afiize,  Court 

of  Oyer  and  Terminer,  and  General  Goal  Delivery',  {hall  fit,)  where  the  Juftices 
fhail  choofe  Twenty  Four  Freeholders,  as  aforefaid,  to  be  returned  to  fcrve  as 
Jurors,  at  the  next  General  Court,  Court  of  AlTize,  Couit  of  Oyer  htid  TerfKtjjer, 
and  General  Goal  Delivery,  to  which,  by  the  Law  that  is  now  in  Force,  or  here- 
after may  be  in  Force,  they  ought  to  attend. 

L-ft ''f 'rr^eh' 1'       ^^    AND   be  it  further  Enacted,  That  immediately  after  fuch  Choice  or 
iers  eiefted   to  ElcftioH,    38  afotefaid,  the  Clerk  of  each  and  every  County  Court,  fhall  make 
the  Sheriff.         quc  an  attefted  L.ift  of  fuch  Freeholders  as  fhall  be  eleded  or  chofen,  as  aforefaid, 
and  deliver  the  fame  to  the  Sheriff  of  his  County. 

,    ^     f.  'V.  A  N  D  he  it  further  Enacted,  That  the  Sheriff  of  each  and  every  Coun- 

hjon'thera  tVat-  ty  withjn  this  Province,    Ihall  fumm6n  the  faid  Twenty  Four  Freeholders  fo 
^^^\  eleded,    of  fuch  County  where  the  General  Court,  Court  of  AfTizt ,  Court  of 

Oyer  and  Terminer,  and  General  Goal  Delivery,  fhall  be  held,  and  the  faid 
Twelve  Freeholders  of  the  feverai  other  Counties,  eleiSted  as  afortfaid,  mentioned 
in  the  faid  Lift  to  ferve  as  Jurors  for  the  next  General  Court,  Court  of  AfTize, 
Court  of  Oyer  and  Terminer,  and  General  Goal  Delivery,  as  by  his  Writ  he  Ihali 
be  commanded,  and  no  other. 

Venire  not  to  if-       VI.  AND   he  it  Enc.cted  hi   the  Authority  aferefaid.    That  no   Venire  or 
Mjm"''''"  Venires  fnall  iffue  hereafter,  for  more  than  Twelve  Perfons  out  of  each  of  the 
feverai  and  refpeftive  Counties  to   fctve  as  Jurors,  (except  as  is  herein  before 
excepted)  -,  That  is  to  fay.  Six  on  the  Petit,  and  Six  on  the  Grand-Jury,  at  the 
General  Court,  Court  of  AlTizc,-  Court  of  Oyer  and  Terminer,  and  General  Goal 
Delivery. 
I 
Ponaity  OB  Jurors       Vll.  A  N  D  he  it  fwthcr  Enactcd,  That  each  and  every  Perfon,  qualified  aj 
M^2T^'"k».  a  Juror  to  llrve  by  Virtue  of  this  A(5t,  which  fhall  be  duly  chofen,  fummoned, 
wards.  and  returned,  and  doth  not  appear,  fliall  forfeit  and   pay  Thirty  Shillings,  Pro- 

clamation Money  -,  or  after  Appearance,  fhall  abfent  themfelves  from  the  faid 
Court,  before  the  Court  fhall  difcharge  them,  fhall' forfeit  and  pay  fuch  Fine  as 
the  Court  Ihall  impofe,  not  exceeding  Five  Pounds,  Proclamation  Money  -,  to 
be  levied  by  the  Sheriff,  by  Order  of  fuch  Court,  and  paid  to  the  Juflices  of  the 
County  where  fuch  Default-er  inhabits  -,.  to  be  applied  towards  paying  fuch  Jury- 
men as  fhall  attend  •,  and  no  Jurymens  Iffues  making  Default  fhall  be  faved,  but 
by  fpecial  Order  of  fuch  Court,  or  fome  jufl  and  rcafonable  Caufe,  proved  upon 
Oath,  and  certified  the  next  fucceeding  Court  •,  and  no  Man  fhall  be  taken  to  be 
duly  fummoned  which  hath  not  been  fummoned  at  leafl  Ten  Da)'^  before  the 
Day  before  he  ought  to  appear  ;  and  every  Perfon  Ihall  be  deemed  duly  fura- 
dl^summcM^ '  moned,  where  a  Note  fhall  be  left  at  Icafl  Ten  Days  before  the  Sitting  of  fuch 
Court  to  which  he  ought  to  appear,  at  his  refpeftive  Dwelling,  altho'  luch  Per- 
fon fliall  not  be  perfonally  fummoned. 


orawji. 


jarori  how  to  hi  VIII.  A  N  D  hc  it  further  Enacted,-  ly  the  Authcrity  aferefaid.  That  at  the 
Opening  of  every  General  Court,  Court  of  AfTize,  Court  of  Oyer  and  Terminer, 
and  General  Goal  Delivery,  after  the  Names  of  the  Perfons  fummoned  fhall  be 
called  over,  and  their  Appearance  or  Negledt  entered,  and  in  Cafe  above  Twelve 
do  appear,  the  Court,  at  each  and  every  Tryal,  at  the  Bar,  fnall  call  a  Child, 
under  Ten  Years  of  Age,  in  open  Court,  to  draw  out  of  a  Box,  for  that  Pur- 
pofe.  Twelve  of  the  Names  of  thofe  that  fhall  make  their  Appearance  >  and 
diofe  Pcr-fons  only  fhall  be  the  Jury,,  to  ferve  upon  that  Tryal. 

IX.  PRO- 


L    A     JV    S       of      N  O  R  T  H   -   C  A  R  O  L   I  N  A.  265 


A.  D.    1748. 
■V- 


IXj  P  ROV ID  ED  always^  That  if  any  of  the  Jurors,  for  Reafons  accord-  ^^ v. 

ingto.Li^w,  ihall  be  challenged,  then  the  Court  Ihali  caufc  their  Places  to  be  Teng"!  'jf.r.'tJ  w 
jijledjip  out  of  fome  of  the  others  that  iiiade  their  AppearancCj  to  be  ekdled  by  ""^  f^pp'"<^J- 
Lot,'  as  before  is  appointed. 

^^.^ROVJDED  d[o^  That  for  Want  of  a  fufficient  Number  of  JurorS  ^^^^,^  ^^  ^^^^ 
appearing  to  f^rve  as  aforcfaid,  it  Ihall  and  may  be  lawful  for  the  Chief  Juftice  monBy-ftand!Ts, 
and  lodges  of  fuch  General  Court,  Court  of  Afiize,  Court  ot  0-ser  and  terminer    ""  "°r  tT"" 
and  General  Goal  Delivery,  to  order  the  Sherui  to  fummons  luch  indiftcrent 
Jurymen  as  he  polTible  can,  out  of  any  of  the  Freeholders  that   Ihall  be  at  fuch 
Court  i  which  faid  Freeholders  fd  fummoned  by  fuch  Sherifs,  Ihall  be  deemed 
and  held  to  be  fufRcicnt  Juror  or  Jurors,  as  .thofe  elecfled  and  chofen  by  Virtue 
of  this  A(fl,  could  have  been^  had  they  appeared ;  Any  thing  before  recited  in 
this  A(St,  notwithflanding. 


:^I.  ANB^biit  fftrther  Enadfed,  by  the  Authority  aforefaid.  That  the  feveral  Mg«,  ^ft:ce«, 
Sherifs,  and  every  rcfpeftive  Judge  or  Jul]-ice  of  the  General  Court,  Court  of  ^i'^'i'm^'for" 
Afiize,  Court  of  Oyer  and  Terminer,  and  General  Goal  Delivery,  Ihall,  on  or  the  Pe'fo'rmtnce 
before  the  Conckifion  of  the  next  General  Court,  Court  of  Aflaze,  Court  of  Oy^r  "'^  *''"'  ^^"^' 
znl  Terminer,  and  General  Goal  Delivery,  after  the  laft  Day  of  May,  iwear,  in 
open  Court,  That  he  will,  as  far  as  he  may  or  can,  either  by  his  Knowledge,  or 
Information,    follow,    obllrvey   and  keep  the  Rules,    Methods,    Manner,  and  1 

Way.ofchoonng  of  Jurymen,  for  each  General  Court,  Court  of  Affize,  Court 
of  Oyer  and  Terminer,  and  General  Goii  Delivery,  to  be  holden  in  this  Province 
according  to  the  true  Intent  nnd  Meaning  of  this  Aft  -,  and  every  Juftice,   Tudge^ 
or  Sheriff,  who  fliall  hereafter  be  appointed,  fhall  take  the  fame  Oath,  before  he 
execute  any  Part  of  this  OfBce  :  And  every  Judge,  Juftice,  Sherift;  Officer,  or  Pena.,fo.N.,. 
Mmifter,  who  fnall   negled  or  refufe  to  take  fuch  Oath,  as  aforefaid,  Ihallj  for  »^ft"^^f«f=J. 
each  Default,    forfeit  and    pay  Twenty   Pounds,    Proclamation  Money,  *Cne 
Moiety  thereof  to  him  or  them  that  Ihall   fue  for  the  fame,  the  other  for  the 
Ufe  of  the  Public,  to  be  difpofed  of  as  the  General  Aflembly  Ihall  think  fit ;  to 
be  recovered,  by  Bill,  Plaint,  or  Information,  in  any  Court   of  Record  in  'this 
Province,  wherein  no  Injunclion,-  Prctedion,-  or  Wager  of  Law,  fhall  be  allowed 
or  admitted  of. 

,  XII.  AND  whereas  the  attending  the  General  Court,  Court  of  Afllze    Court  Allowance  t» 
of  Oyermd  Terminer,  ■  ;in<^  General  Goal  Delivery,  will  be  very  expenfive  to  the  IrcJ^T'"'^ 
Jurors  fo  attending,  tor  Remedy  whereof-.  Be  it  Enacted,  by  the  Authority  afore-  *^°"'''  *'* 
faid.  That  each  and  every  Juror,  at  the  General  Court,  Court  of  AfTize,  Court 
of  Oj^r  and  Tcr^miner,  and  General  Goal  Delivery,  upon  producing  a  Certificate 
from  the  Clerl?  of  fuch  Court,  of  the  Time  of  his  Attendance,  (which  Certificate 
the  Clerk  is  hereby  direfttd  to  give,  if  required,)  unto  the  Court  of  the  County 
'.vhere  he  rcfides,  he  fiiall  have  and  receive  Three  Shillings,  Proclamation  Mo- 
ney, for  each  Day's  Attendance,  (and  his  Ferriages,)  certified  as  aforefaid,  to  be 
paid  by  the  JtTftices  of  fuch  Court,  out  of  the  County  Tax  ;  and  the  Juftices  of 
every  County  Court,  are  hei-eby  required  and  direded,  to  Jay  a  Levy,  fufhcicnt 
to  difcharge  the  fame,  on  all  the  Taxables  in  their  refpeftive  Counties    to  be 
paid  and  colleded  at  i\t  fame  Times,  and  in  the  fame  Manner,  as  other'  Coun- 
-ty  Taxes  by  Law  now  are  paid  and  collefled. 

Xm.    ANBbe  it  further  EnaHed,    That  every  Aft  and  Acts,  and  every  lUfcaiingCh-*, 
Articleand.Claule  therein,  as  much  as  relates  to  the  providing  of  indifferent  Ju- 
rymen m  all  Caufes,  Civil  and  Criminal,  within  the  Purveiw  of  this  Act,  are  hereby 
repealed  and  made  void,  as  if  the  fame  had  never  been  made. 

X  X  X  CHAP. 


266 


L  A  iV  S    of    North-Carolina. 


A.  D.    J  748. 


C  H  A  P.    IX. 

An  A6i^  to  ctlffr  the  Times  for  holding  the  Ccurtsfor  the  Ounty  of 

New-Hanover. 

frwiBh'*.  ^'  Wt  H  E  R  E  A  S  Two  of  the  County  Courts  which  are  held  for  the 

y  y     County  of  New-Hanover^  in  each  Year,  fall  cut  on  the  lame  Days  thd- 
General  Courts  of  this  Province  are  held,  at  Netubtrn  j 

c^frtwJij.iifW,  n.  WE  thefefofc  pray  it  may  beEnaded,  And  heii  EAacted^  by  his  Excellency 
Gabriel  Johnfton,  Eff,  Governor^  by  and  with  the  Advice  and  Co7:jini  of  his  Ma- 
jejifs  Council^  and  General  Ajfembly  of  this  Province^  a^d  it  is  her  shy  Enacted^  by 
the  Authority  of  the  famey  That  after  the  Tench  Day  of  Aprii^  next  after  the 
Ratification  ot  this  A&y  the  feveral  County  Courts  hereafter  to  be  held  for  the 
County  of  Nnv-Hanover^  Ihall  be  held  on  the  laft  TUefdays  in  February^  May^ 
Augufty  and  November^  Yearly  -,  and  all  Continuances  and  References  ordered  ia 
the  Court  held  for  the  faid  County  on  the  Second  I'uefday  in  March  paft,'  fhall 
be  continued  over,  and  all  Procefs  returnable  to  the  Second  Tuefday  in  June  next* 
fhall  be  returned  to  the  Court  to  be  held  for  the  faid  County  on  the  laft  Tuefdcy 
in  May  next,  and  fliall  not  be  Error  in  the  Procefs  or  Proceedings  aforefaid. " 

«»f«tJi(.|Ci««r..  ni.  ANT)  be  it  further  EnaSted:,  That  the  Claufe  in  the  Aft  intituled.  Ad 
Acty  for  erecting  the  Village  called  Newton,  in  New-Hanover  County^  into  « 
Town  and  townfhi-p^  by  the  Name  of  Wilmington,  and  all  and  every  Claufe  and 
Claufcs  in  any  other  Aft  or  Aftsf  fo  far  as  relate  to  the  Time  of  holding  the 
Courts  for  the  faid  County,  is  and  are  hereby  repealed  and  made  void. 


C  H  A  P.    X. 

An  A^y  for  granting  unto  his  Majefty  the  Sum  of  Twenty  One  Tboufand 
Three  Hundred  and  Fifty  Pounds^  Proclamation  Money^  and  for  Jf amp" 
ing  and  emitting  the  faid  Sum  of  Twenty  One  Tboufand  Three  Hundred 
and  Fifty  Pounds^-  Public  Bills  ef  Credit  of  this  Prcmince^  at  the  Rate 
of  Proclamation  Money ;  to  be  applied  towards  building  Fortifications  in 
this  Province^  Payment  of  the  Public  DebtSy  exchanging  the  prefent- 
Bills  of  Credit y  and  for  making  proper  Provifion  for  defraying  th^^ 
iontingent  Charges  of  the  Government  y  and  for  repealing  the  feveral 
Lavfs  herein  after  mentioned. 

frtimhW,  I.  XT  7"  HERE  AS,  during,  the  prefent  Waf  with  Prance  and  Zpainy  this^ 
VV  Province  hath  received  great  Damage,  by  the  Enemies  Privateer* 
coming  into  the  Ports  and  Harbours  of  the  fame,  which  are  intirely  defencelef* 
and  without  any  Fortifications,  and  taking  and  carrying  away  the  Veflels  there- 
out, and  landing,  and  plundering  the  Inhabitants :  And  whereas  the  great  Scar- 
city of  Currency  is  fuch,  that  it  is  i'mprafticable  to  raifc  a  Sum  by  an  immediate 
Tax  on  the  People,  fufficient  for  building  proper  Fortifications,  for  the  Defenc« 
of  the  faid  Ports,  and  to  difcharge  the  Public  Debts :  Wherefore, 

II.  W  E  pray  that  it  may  be  Enacted,  And  he  it  Enact eiy  by  bii  Excellency 
Gabriel  Johnfton,  Efq-y  Governory  by  and  vfith  the  Advice  and  Confent  of  his  Ma- 
jijty^s  Onneify  and  Genernl  AJembfy  rf  this  Province,   and  it  is  hereby  Enacted, 

h 


L   A   ^'^   S      of     N  O  R  T  H-Ca  RO  L  I  N  A.  26;^ 


iy  ihe  Auihor'Uy   of  the  fame^  That  out  of  the  Current  Bills  of  Credit  to  be  emit-    ^-  -O-   1748- 
bd  by   thijVVcCi  tile  Sum  of  Two  Thoufand  Pounds  fhall  be  depofited  by  the  ^^'^        ^ 
(aid  Commifi':o^-rs,  in  the  Hands   of  Thmas  Barkery  Gentleman,  Treafurer  for  ^id  ihe  Nor- 
the  Northern  Counries,  or  the  Treafurer  for  the  faid  Counties  tor  tlit  Time  being,  £'"  ^^;;^f£'^;[^ 
for  the  buildlno-  a  Fortification  at  or  near  Ocdcock  Inlet,  for  the  Safety  and  De-  onatOfc«J> 
fence  of  that  Harbour  ■,  and   the  Comr.iiiTioners  hereafter  named  iTiall  have  fulP"'"- 
Power  and  Authority  to  build  the  faid  tortification,  and  by  W  arrant  under  their 
Haads,  or  the  Hands  of  the  major  Part  of  thcm^  to  draw,  from  Time  to  1  ime, 
but  of  th-  Hands  of  the  faid  Treafurer,  fuch  Sum  or  Sums  of  Money  as  fh.ll  be- 
fcome  due  to   x^^z  fcvcral  Vforkrnen  employed  by  them  in  building  the  lliid  For- 
tiiication  ;  and  the  faid  Treafurer  is  hereby  required,  on  fuch  Warrant  or  War- 
rants being  produced  to  him,  to  pay  the  fame  accordingly. 

III.  A  N  D  h:  it  furibcr  Exd^ed,    That  His  Excellency  the  Governor  and  c.mmifionira 
Commander  iri  Chief  for  the  Time  being,  Mr.  Benjamin  Peyton,  Mr.  Sm^el  ^."^^'jj^^.^ 
Sificlare,    Mr/    Francis  Stringer^  Mr.  James  Mackkwean,  Mr.  John  Haytvood^  foic. 

and  Mr.  Piter  Payne,  be,  and  are  hereby  appointed  CommilTioners,  for  erecting 
and  building  the  faid  Fortification; 

IV.  AND    he  it  further    Enaftcd,  hy    the  Authcrity    aforefaidj    That  the  1500 1.  for  a 
Sum   of  One  Thoufand   Five  Hundred  Pounds  fhall  be  depofited  by  the  faid  xop-fafi'Tkc' 
Commiffioners  in  the  Hands  o'i  Edward  Mofeley,  Efq;  Treafurer  for  the  Southern 
CouiiLies,  or  the  Treafurer  of  the  faid  Counties  for  the  Time  being ;  for  the 
building  a  Fortiikation  or  Fortifications  at  or  near  Old  1'op-Saii  Inlet,  for  the 

Safety  and  Defence  of  that  Flarbour ;  and  the  CommilTioners  hereafter  named 
(hall  have  fall  Power  and  Authority  to  build  the  faid  Fortification  or  Fortifica- 
tions, and,  by  Warrant  under  their  Haads,  or  the  Hands  of  the  major  Part  of 
them,  to  drav.',  from  Time  to  Time,  out  of  the  Hands  of  the  faid  Treafurer, 
Tuch  Sum  or  Sums  of  Money  as  fh*li  bcrcome  due  to  the  feveral  W  orkinen  em~ 
ployed  by  them,  in  building  the  faid  Fortification  or  Fortifications  j  and  the  faid 
Treafurer  is  nereby  required,  on  fuch  Warrant  or  Warrants  being  produced  to 
him,  to  pay  the  Tame  accordingly. 

V.  AN D  he"-it  further  EnaSied,    That  His  Excellency  the  Governor  and  Cfmmiirionfu  . 
Commander  in   Chief   for.  the  Time  being,  Mr.  thomas  Lovkk,  Mr.  Arthur  'pp"'""''  ^'^  "' 
Mahfon,  Mr.  fshn  Clithcrall,  and  Mr.  Jofefh  Beii,  be,  and  are  hereby  appointed 
CommiiTioners  tor  ereding  and  building  the  faid  Fottification  or  Fortifications. 

VI.  ANIihe  it  further  Enabled,  hy   the  Authority  aforefaid.  That  the  Sum  5c»i.  for«Fo« 
of  Five  Hundred  Pounds   fhall  be   depofited   by  the  faid  Commiflloners,  in  the  "  **"  *"'"* 
Hands  of  the  Treafurer  of  the  Southern  Counties  aforefaid,  or  the  Treafurer  of 

the  faid  Counties  for  the  Time  being,  for  the  building  a  Fortification  at  or  near 
Rc'flr  Inlet,  for  the  Safety  and  Defence  of  that  Harbour;  and  the  CommilTioners 
hereafter  named,  Hiall  have  full  Power  and  Authority  to  build  the  faid  Fortifiica- 
tion,  and,  by  Warrant  under  their  Hands,  or  the  Hands  of  the  major  Part  of 
them,  to  draw,  from  Time  to  Time,  out  of  the  Hands  of  the  faid  Treafurer, 
fuch  Sum  or  Sums  of  Money  as  fhall  become  due  to  the  feveral  W^orkmen  em- 
ployed by  them,  in  building  the  faid  Fortification ;  and  the  faid  Treafurer  is 
hereby  required,  on  fuch  Warrant  or  Warrants  being  produced  to  him,  to  pay 
the  fame  accordingly. 

VII.  A  N  D  be  it  further  Enacted,  That  Flis  Excellency  the  Governor  and  Cnmmiffion.fj 
Commander  in  Chief  for    the  Time  being,  Mr.  S&muel  Johnfion,  Mr.  Edward  '"PP"*""'' ^''^ '■• 
Ward,  Jun.  Mr.  Stephen  Lee,  and   Mr.  fohn  Starkey,  be,    and  are  hereby  ap- 
pointed Comminioncrs,  for  creding  and  building  the  faid  Fortification. 

VIII.  AND 


268  LA   W   S     of    North -Carolina. 

Jt.  D.     174S. 

.* ^^^ ^      yjjj^  JND  be  it  Enacted,  That  the  Sum  of  Two  Thoufand  founds  fhall. 

*t°c°/lc.FL'r^'"  be  depofiCL'd  by  the  faid  Cominiflioners,  in  the  Hands  of  the  Treafurer  of  the 
Southern  Counties  afore  faid,  or  the  Treafurer  of  the  faid  Counties  for  the  Time 
being,  for  the  building  a  Fortiiication  at  or  near  the  Mouth  of  Cafe-Fear  River, 
for  the  Safety  and  Defence  of  that  Harbour  ;  and  that  the  Corhmifiioners  appoin- 
Cr.mm;fl"nner.     fed  by  un  A£t  of  the  General  Aflembly,  intituled^  An  Atl^  for  ereaing  a  Porti- 
appointediobuiij^^^^^-^^  <?«  the  lowsr  Part  of  Cape-Fear  Rheri  fcr  applying  thereto  the  Powder- 
Money   already  arifen,  or  -which  fhall  arife^  by  Shipping  camming  into  the  Port  cf 
Brunfwick,  to  be  layed  out  and  applyed  towards  building  a  Fortif.cation  at  Cape- 
Fear,  fliall  have  full  Power   and  Authority,  by  Warrant  under  their  Hands,  or 
the  Flands  of  the  major  Fai-t  of  them,  to  draw,  from  1  ime  to  Time,  out  of  the 
Hands  of  the  faid  Treafurer,  fuch  Sum  or  Sums  of  Money  as  fhall  be  due  to  the 
fcvcral  Workmen  employed  by   them  in  building  the  faid  Fortihcation  -,  and  the 
fiid  Treafurer  is  hereby   required,  on  fuch  Warrant  or  Warrants  being  produced 
Tre.furert  Ai-    to  hto,  to  pay  the  fame  accordingly  :  And  the  faid  Treafurers  fhall  be  allowed 
lowinc.:.  Qi^g  ^^^,  Q^^^_  j-Qj.  receiving  the   faicl  Money,  and  paying  the  fame  out  again,  at 


a 


forcfiid. 


IX.  yl  N  D  be  it  further  Enacted^  hy  the  Authority  afore faiA  That  Eleazer 
nrpointcj  for  e-  Alien,  Edward  Mofely,  and  Samuel  bwann^  Flqrs.  and  Mr.  John  Star  key,  arc 
Bi'iJi' of  crldk '"  J^^reby  appointed,  authorized,  and  impowered  Commiffioners,  to  ftamp  and 
make  out,  or  caufed  to  be  damped,  with  Copper-plates,  and  figned  with  their 
Hands,  Public  Bills  of  Credit  of  this  Province,  to  the  Amount  of  Twenty  One 
Thoufand  Three  Hundred  and  Fifty  Pounds,  at  the  Rate  of  Proclamation  Mo- 
ney ;  'Ihat  is  to  fay,  Two  Thoufund  Bills  of  Four  Pence  each,  Two  Thoufand 
Bills  of  Eight  Pence  each,  Two  Thoufand  Bills  of  One  Shilling  each,  Two  Thou- 
fand of  Eighteen  Pence  each.  Two  Thoufand  of  Two  Shillings  each.  Two  Thou- 
farrd  of  Two  Shillings  and  Six  Perice  each,  I'wo  Thoufand  of  Three  Shillings 
each,  Two  Tho'ufarid  of  Five  Shillings  each,-  Two  Thoufand  of  Six  Shillings 
each,  Two  Thoufand  of  Seven  Shillings  and  Six  Pence  each.  Two  Thoufand  of 
Nine  Shillings  each.  Two  Thcufiind  of  Ten  Shillings  each.  Two  Thoufand  of 
Fitteen  Shillings  each,  Two  Thoufand  of  Twenty  Shillings  each,  Two  Thoufand 
of  Thirty  Shillings  each.  Two  Thoufand  of  Forty  Shillings  each,  and  Two 
Thoufand  of  Three  Pounds  each. 

Current  Bills  to  ^C.  AND  bi  it  Efiactei,  by  the  Authority  af or rfai d,  Th^it  when  the  aforefaid 
be  exchanged,  Riljs  arc  Itampcd  and  figned,  the  Commiffioners  aforefaid  Ihall,  within  Twelve 
within  a  vcr.  j^^.j^j^j-j^^^  cxchaugc  the  Bills  now  Current,  after  the  Rate  of  One  Shilling,  for  Se- 
•^-■^  ven  Shilhngs  and  Six  Pence,  of  thole  which  are  at  prefent  Current ;  which  Dif- 

ference of  Stvcn  Shillings  aild  Six  Pence,  for  One  Shilling,  Proclamation,  hath 
continued*  for  diVers  Years  paft,  and  is  at  prefent  the  true  Difference;  and  that 
after  the  Expiration  of  the  Twelve  Months  aforefaid,  the  prefent  Bills  of  Credit 
fliall  not  be  exchanged,  nor  fnall  be  a  Tender  or  taken  in  any  Payment 
whatfoever. 

Public  D.-btf  to  ' '  Xr.  A  N  D  be  it  further  Enacted,  hy  the  Authority  aforefaid.  That  out  of  the 
br  pai.i  by  the  r(.ft  ^f  the  Paper  Currency,  to  be  if  uuped  and  emitted  by  this  A6t,  the  feveral 
"'  "" ""  Perfons  to  whom  the  Public  is  debtor,  according  to  the  Schedule  hereunto  annex- 
ed, fhall  be  paid  the  Sums  refpeiflively  dUe  Co  them  by  the  Corrlminioneri  afore* 
faid,  lb  foon  as  the  fame  may  be  conveniently  done,  after  the  Bills  by  this  Ad 
to  be  emitted,  Ifiall  be  flamped  and  figned,  of  which  the  CommifTioners  afore- 
fiid  are  to  give  truly  and  proper  Notice,  by  ji.dvertifements,  ftt  up  at  the 
fereral  Court-houfes  in  this  Governnnent,  that  they  will  attend  at  "Ncwbcrn,  to 
exchange  the  faid  Bills,  and  pay  off  the  Public  Debts,  during  the  Sitting  of  the 
Two  next  fucceedin";  General  Courts,  after  fuch  Notice  fet  up  as  aforefaid. 

XIL  AND 


4?viEmiIfijrKit, 


L  A   iV  S    o/'    North-Carolina.  269 

A.  D.     1748. 

XII.  AND  he  it  further  Enacted^  hy  tke  Authority  aforefaid^  That  the  Bills  ^^---^—^ 
of  Credit  to  be  emitted  by  this  Act,  Ihall  be  current,  and  a  lawful  Tender,  in  aii  ^.is' Aa'"uvrS 
Payments  whatfo^ver,  as  Proclamation  Money,  or  as  Sterling  Money,  at  the  pro-  T^du. 

per  Difference  there  is  between  Proclamation  Money  and  Sterling ;  tiiat  is  to  lay^ 
At  Four  Shillings  Proclamation  Money,  tor  Three  Shillings  Sterling, 

XIII.  A  N  D  he  it  further  Enacted^  hy  the  Authority  aforefaidt  That  if  any  P-naity  on  soua. 
Perfon  or  Perfons  lliall  counterfeit,  alter,  or  erafe  any  of  the  Public  Bills  of  ^"^"""• 
Credit  of  this  Province,  or  Ihall  aid  or  affill  in  counterf  iting,  alt'  ring,  or  eraiing 

fuch  Bills,  or  Ihall  utter  any  of  the  faid  Bills,  knowing  them  to  be  fo  counter- 
feited, altered,  or  erafcd,  luch  Perfon  or  Perfons  fo  offending,  fhall,  for  the 
firft  Offence,  be  whipped^  at  the  Difcretion  of"  the  Court,  not  exceeding  Forty 
Lafhes,  and  ftand  in  the  Pillory  Two  Hours,  and  have  both  Ears  nail'd  to  the 
Pillory  and  cut  off;  and  for  the  fecond  Offence,  be  deemed  a  Fellon,  without 
Benefit  of  Clergy,  and  ihall  be  adjudged  and  fuffer  accordingly* 

XIV.  AND  he  it  further   EnaEied,   hy  ths  Authority  aforefaid^  That  after  Remaidtr  .f  (|,s 
the  feveral  Sums  by  this  A6t  direded  to  be  emitted  and  paid,  fhall  have  been  let  »*"'''<:  Mon^^^y 
apart  for  the  Purpofes  before  mentioned,  the  Rcfidue  and  Remainder  of  the  afore-  *'*""*'°'"=^«p'' 
faid  Sum  of  Twenty  One  Thoufand  Three  Hundred  and  Fifty  Pounds^  fhall  be 

and  remain  in  the  Cullody  and  Keeping  of  Mr.  John  Carruthersy  in  Ncwhern.,  in 
a  ftrong  Chcftj  well  fccui'ed  with  iron,  with  Three  diftind  Locks,  the  Key  of 
one  to  be  kept  by  the  Governor  tor  the  Time  being,  another  by  the  Secretary  for 
the  Time  being,  the  thiid  by  the  Speaker  of  the  Aifcmbly  for  the  Time  being, 
fo  as  the  fame  Bills  of  Credit  may  be  always  ready  to  defray  the  contingent 
Charges  of  Government,  as  the  Governor,  Council,  and  General  Aflembly,  fhall 
dired  -,  and  the  fame  Cheft  ihall  not  be  opened  for  iffuing  the  Bills  of  Credit,  bun  ' 
in  the  Prefence  of  the  feVeral  Perfons  with  whom  the  Keys  are  by  this  Adt  in- 
trufled,  unlcfs  otherwife  ordered  and  direded  by  the  General  Aifembly.- 

XV.  AND  be  it  further  EnaBedy  hy  the  Authority  aforefaidy  That  the  Sum  Tax  to  be  uitf. 
cf  One  Shilling,  Proclamation  Money,  be  Annually  levied  on  every  Taxable  ^''"  ''"'''"6  '*»* 
Perfon  within  this  Province,  and  be  collected  by  the  Sheriff  of  every  refpedive  ^'"'* 
County,  and  iliall  be  paid,  in  Gold,  Silver,  or  Bills  of  Credit,  on  or  before  the 

Firft  Day  of  Marchy  Yearly  j  and  that  all  Perfons  negledting  to  pay  the  faid  Tax 
at  the  Time  by  Law  limited,  thall  be  liable  to  fuch  Diftrefs  to   be  made  by  the 
Sheriff,  as  for  Non-Payment  of  other  Taxes ;  and  the  faid  Sheriff  of  each  and  sheriff  m  r«t»r« 
every  County,  on  or  before  the  Tenth  Day  of  June^  Yearly,  fhall  return  a  Lift  ^  l  ft  ..f  t.x.- 
of  Taxables,  and  alfo  account,  upon  Oath,  and  pay  into  the  Hands  of  the  Pub-  with  ThV  T^e^* 
lie  Treafurer  of  the  refpe6tivc  Counties,  all  fuch  Sums  of  Money  as  he  fhall  have  ^"^'"^  ""  '^^ 
received  by  Virtue  of  this  Ad,  under  the  Penalty  of  Two  Hundred  Pounds    "^  *°°*' 
proclamation  Money,  for  every  Default ;  which  faid  Penalty  ihall  be  recovered* 
by  Adion  of  Debt,  Bill,  Plaint,  or  Information,  in  the  Supream  Court  of  this 
Province,  by  any  Perfon  who  flull  fue  for  the  i'ame  i  wherein  no  Eifoign,  In- 
junftion,  Protedion,  or  Wager  of  Law,  iliall  be  allowed  or  admitted  of';  the 
one  Moiety  to  him  or  them  who  ihall  fue  for  the  fame,  the  other  to  be  applied 
by  the  General  Aifembly  of  this  Province  for  the  Ufe  the  Tax  by  this  Ad  is 
intended :  And  the  faid  Aifembly  ihall  caufe  the  faid  Bills  fo  paid  in,   to   be 
Annually  burnt  and  deftroyed,  until  the  whole  Currency  ihall  be  funk. 

XVI.  AND  whereas  there  are  divers  confhderable  Sums  of  Loan  Money  due  County  trr«ft, 
and  unpaid,  and  the  i^ower  of  the  Treafurers  to  make  Diftrefs  is  already  expired  •  ■"''"  '"  '""''' 
therefore,  be  it  Ena^ed,  That  the  feveral  and  refpedive  County  Treafurers,  their  S»"L"i^i^' 
Heirs,    Executors,  or  Adminiftrators,  ihall,  and  are  hereby  impowercd  and  au-  ^''"'^* 
thorized,  at  any  \m\c  hereafter,  to  make  Diftrefs  of  ail  Qoods  and  Chattels  of 

Y  y  y  PerfiMis 


Q-yo  L  A  W-  S    of.  North-Carolina. 

ji.  D. 


->^- 


Treafurers    to 
account. 


17-48-^  Peifons  who  are  indebted  for  any  Loan  Money,  or  for  Want  of  fuch  Goods  and 
Chattels,  to  feize  and  difpofe  ot'  fuch  mortgaged  Lands,  in  order  to  difcharge 
fuch  Sum  or  Sums  due  and  in  Arrear  on  fnch  Mortgages  >  the  Expiradon  of  any 
Law  to  the  contrary,    notwithftanding. 

XVII.  AND  he  it  further  Ena£lcd^  hy  the  Authority  aforefaid^  That  the  feveral 
County  Treafurers,  their  Heirs,  Executors,  or  Adminiftrators,  ihall  pay,  to  the 
Pubhc  Treafurer  of  the  refpeclive  Counties  in  this  Province,  all  the  Bills  of  Cre- 
dit now  in  their  Hands,  or  which  hereafter  fhall  be  by  them,  or  any  of  them, 
r.efpedivtly  received  ;  and  the  faid  Public  Treafurer  fhall  account  with,  and  pay 
to  the  General  AfTembly,  all  luch  Sums  of  Money  as  they  fhall  receive  in  Virtue 
hereof  i  which  fhall  be  burnt  and  dtftroyed  :  And  the  Clerk  of  the  Aflembly 
ihall  keep  a  fair  Account  of  all  Monies  that  fhall,  from  Time  to  Time,  be  paid 
in  and  burnt. 

commiflionera  to      XVIII.  A  N  I>  he  it  further  .  Ena£led,  hy  the  Authority  aforefaid.  That  the 
cireBond.  Commifiioncrs  herein  before  appointed,  fnalJ,  before  they  enter  upon  the  Execu- 

tion of  their  rcfpective  Offices,  give  in  Bond,  to  his  Excellency  the  Governor,  for 
the  Ufe  of  the  Public,  ia  the. Sum  of  Three  Thoufand  Pounds,  Proclamation 
Money,  each,  for  the  due  and  faithful  Execution  of  his  Office,  according  to  the 
true  Intent  and  Meaning  of  this  Ad. 

Their  Allowance  '.  XIX.  A  N  D  be  it  EnaSled,  hy  the  Authority  aforefaid,  That  the  faid  Com - 
Money!"'"^  '^^  mifiloners  fhall  have  and  receive,  for  their  (lamping,  exchanging,  and  paying 

out  the  faid  Bills  of  Credit,  the  Sum  of  Five  Hundred  Pounds,  Proclamation 

Money. 

AiU  repealed.  :;:^X.  A  N D  he  it  Ena5fedy  That  the  Ad,  intituled.  An  Act,  laying  a 'Tax  for 
finking  the  now  Current  Bills  of  Credit;  and  alfo  the  Ad,  intituled.  An  Act,  for 
facilitating  the  Navigation  of  the  feveral  Ports  of  this  Province,  and  fdr  buoying 
and  beaconing  the  Channels  leading  from  Ocacock  to  Edenton,  Bath-Town,  and 
Newbern,  and  frem  Topfail  Inlet,  to  Beaufort-Town,  and  other  Ports  and  Inlets 
within  the  faid  Province,  herein. mentioned,  and  for  providing  fufjicient  Pilots  for 
the  fafe  Conduct  of  Veffels  ;  and  alfo  the  Ad,  for  raifing  a  Public  Magazine  of 
Ammunition,  upon  the  Tonage  of  all  Vejfels  trading  to  this  Government ;  and  every 
Claufe  and  Claufes,  Article  and  Articles  of  them  ^  and  alfo  the  Claufe  of  an  Ad, 
intituled.  An,  Ad,  for  appointing  Commiffioners  to  revife  and  print  the  Laws  of 
tliis  Province,  and  for  granting  to  his  Majefty,  for  defraying  the  Charge  thereof, 
a  Duty  on  Wine,  Rum,  and  diftilled  Liquors,  and  Rice  imported  into  this  Go- 
vernment, fo  far  as  it  relates  to  the  coUeding  and  receiving  the  faid  Duties  orj 
Wine,  Rum,  and  diftilled  Liquors,  be,  and  are  hereby  feverally  repealed,  and 
^declared  void,  as  if  the  fame  had  never  been  made. 

S  I  G  N  E  D  by 

Gabriel  Johnston,  Efq;  Governor.' 

Nathaniel  Rice,  Prefident, 

Samuel  Swann,  Speaker.- 


■"^^r/Pf* 


Anno 


L  A  ^V  S    of    North-Carolina.  271 


A.  D.    1748, 


Anno  Regni 

G  E  O  R  G  1 1   IL 

Regis,  Magn^   Britmmia,  Francice,  &C 
Hibernicey  Viceffimo  Secundi. 


»1t;a  Generkl;A^,$SEMBLY,  held  ^t  Kt^whern,  thee.,.,, 
iFiftcenth  Day  of  Oci.obe,ry  in  the  Year"  of  our  Lord  One  e4  c'^vJaw? 
Thouiand    Seven  Hundred   and  Forty  Eight. 


4-  -J 


-*- ',?!li4'7-,i  1,:- 


anij^i 


CHAP,    L 


An  A5i^  to  appoint  a  -convenient  Place  for  holding  the  County  Court  of 
Granville,  and  to  impo'wer  the  CommiJ/ioners  hercajter  named^  to  build 
■■..,f.:&¥^h^°H{^,i  P^ifo"i  and  Stocks  in  the  faid  Cowity, 

i-.  T.l,  7"  HERE  AS.  by  an  Ad,  intituled.  An  My  for  dividmg  Edgcomb  p^^^^y 

VV  .  Q^^^O"  ^']d  Parijhy  and  for  erecting  the  upper  Part  thereof  into  a  County  '"""  ^ 
and  Parifh,  by  the  Name  of  Granviile  Cuity,  and  St,  John's  Parfhy  and  for  ap- 
.pointing.  Vepynen...£f-the  faid  Parijh ;  amongft  other  Things  it  was  Enaded, 
That  the  Juiiices  of  the  faid  Court,  or  the  Majority  of  them,  at  their  hrft 
Meeting,  fliould  nominate  and  appoint  a  convenient  Place  within  the  faid  Coun- 
ty, to  build  a  Court-houfc,  Prifon,  and  Stocks  -,  which  faid  Juftices,  being  then 
unacquainted  with  the  Bounds  of  the  faid  County,-  did,  by  Oraer  of  the  faid 
Couk,  appoint  a  Place,  whereon  to  build  a  Court-houfe,  fnfon,  and  Stocks; 
which  faid  Place,  upon  Examination,  is  found  to  be  within  Six  or  Seven  Miles 
of  the  Nortbeaji  Corner  of  the  faid  County,  to  the  great  Incomodity  and  Detri- 
ment of  the  Inhabitants  of  the  faid  County  attending  the  faid  Court :  Wherefore, 

« 

11.  WE  pray  that  it  may  be  Enaded,  and  he    it  Enacted^  by  his  Excellency  Court-ho«fc,, 
Crabnel  Johnfton,  £/^;    Gcvernory  by  andivitb  the  Advice  and  Confent  of  his  Ma-     ' 
jejiy's  Cdtincil,  and  General  Affembly  of  this  Province^  and  it  is  hereby  Enacted, 
by  the  Authority  of  the  fame^  That  the  Court-houfe,  Prifon,  and  Stocks,  for 
the  faid  County  of  Granvilky  fhall  be  ereded  on  or  near  a  Branch  of  Tar  River, 
commonly  called  or  known  by  the  Name  of  Tabb'i  Creek. 

m.AND 


where   to   b«  €• 
refted. 


272  LA   W   S     of    North-Carolina. 


ji.  D.    174S. 
V ^ 

Comm.ffioners 
Appointed. 


III.  AND  he  it  further  Enacted^  hy  the  Authority  aforefaidy  That  Mr.  fVil' 
Ham  Eaton,  Mr.  Edzvard  Jones^  and  Mr.  Jonathan  JVhite^  be,  and  they  are  here- 
by appointed  Commiflloners,  to  make  Choice  of  a  fuitablc  and  convenient  Place, 
at  or  near  the  faid  Creek,  for  the  erecting  and  building  thereon  a  Court-houfe, 
Prifon,  and  Stocks ;  and  alfo,  to  contract  and  agree  with  Workmen  to  build  the 
fame,  of  fuch  Dimenfions  as  to  them  fhall  feem  meet  and  convenient. 

iipcnce  of  t^«  IV.  AND  for  defraying  the  Expence  thereof,  Be  it  Enacted,  by  the  Authority 
Buildings  how  to  ^fQYgf-iii^^  That  fo  much  of  the  Tax,  laid  on  the  Inhabitants  of  the  faid  County 
'*  ^"  '  of  Granville,  by  the  above  recited  A6t,  not  already  coUefted,  and  paid  to  the 

Commiflloners,  ftiall,  by  the  Sheriff  of  the  faid  County,  be  collefted,  and  by 
him  accounted  for,  and  paid,  to  the  faid  Commiflloners  in  this  Aft  mentioned 
and  appointed,  under  the  Penalty  of  Ten  Pounds,  Proclamation  Money,  and  by 
them  applied  for  and  towards  building  the  Court-houfe,  Prifon,  and  Stocks,  ia 
this  Adt  mentioned  to  be  built* 

Old  co»'rt-hoofe  V.  A  N  D  whercas  the  Court-houfe,  Prifon,  and  Stocks,  already  begun  to. 
&c.  to  be  fold,  jjg  built,  will,  after  the  Court-houfe,  Prifon,  and  Stocks,  in  this  Aft  mentioned 
f.r  the  faid  ufc.  ^^  ^^  ^\^^^^  ^^jj  ^^  finiflied,  be  of  no  Service  to  the  faid  County  ;  "Therefore,  he 
it  Enacted,  That  the  Commiflloners  herein  appointed,  fhall  have  full  Power  and 
Authority,  and  they  are  hereby  vefted  with  full  Power  and  Authority,  to  fell  and 
difpofe  of  the  faid  Court-houfe,  Prifon,  and  Stocks,  to  the  beft  Advantage  •,  and 
the  Monies  arifing  by  fuch  Sale,  fhall  be  by  them  applied  for  and  towards  th^ 
building  the  Court-houfe,  Prifon,  and  Stocks,  at  Tabb'%  Creek  aforefaid. 

«  ,.  u  L  VI.  AN  Ti  he  it  Enacted,  hy  the  Authority  aforefaid.  That  the  Claufe  of  the 
fore  recited  Aft  beforc  Tccited  Aft,  fo  far  as  relates  to  the  appointing  a  Place  tor  building  a 
rtpcaied.  Court-houfe,  Prifon,  and  Stocks,  and  building  the  fame,  be,  and  is  hereby  re- 

pealed and  made  void,  to  all  Intents,  Purpofes,  and  Conftruftions,  as  if  the  fame 
had  never  been  made. 

Bonds  to  ftaxi        ^11.  P RO  V I D  E D  atwdys.  That  nothing  in  this  Aft  (hall  be  conftrued,' 
goo"d'  and  no"o-  to  make  void  any  Bond  entered  into  by  the  Juflices  of  the  faid  County,  to  any 
ti«r  T«  to  be  pgj.fQ„  Qj.  Perfons,  for  the  building  the  Court-houfe  in  the  recited  Aft  menti- 
oned, or  to  annuU  or  invalidate,  or  make  void,  any  Suit  that  is  or  may  be 
brought  thereon  -,  and  that  the  faid  Juft:ices  lay  no  further  or  other  Tax  than  what 
is  already  laid,  for  building  the  Court-houfe  on  Tabb'?.  Creek  aforefaid. 


CHAP.    II. 


An  AB,  for  defraying  the  Expence  of  the  Members  of  his  Majejifs  Hon" 

curable  Council,  and  the  Members  of  the  General  JJfembly  of  this  Pro- 

'wince,  in  their  travelling  to,  from,  and  attending  at  the  faid  AJfem^ 

Hies  J  and  to  compell  their  Attendance, 

• 

AHowaaK  to  the  J    T  T  7"  E  pray  that  it  may  be  Enafted,  And  he  it  Enacted,  by  his  Eiccellencjf 

Sembi.  of  th.    *    VV    Gabriel  Johnfton,  Efq;  Governor,  by  and  with  the  Advice  and  Confenf 

©.  iurembijf.      gf  lis  Ma^eftfs  Council,  and  General  Ajfembly  of  this  Promnte^  and  it  is  hereby 

Enacted,  by  the  Authority  of  the  fame.   That  every  Member  of  his  Majelly'a 

Council,  and  every  Member  of  the  General  Aflembly,  (hall  have  and  receive 

Seven  Shillings  and  Six  Pence,  Proclamation  Money,  per  Day,  for  any  Time 

he  fliall  ferve  this  prefent  Seflion  of  Affembly,  or  any  Time  he  jQiall  ferve  in  any 

future 


L  A  W  ^     of    North-Carolina.  273 

future'Aflcinblios  of  this  Province,  and  aifo,  the  Sum  of  ^li^itw  Shillings  and    ^-  ^-  '"^s-. 

Six  Pencci  .-Prochmation  Money,  per  Day,  for  any  Time  lie  has  this  StfTion  of  *'" v * 

AiTembly,  or  hereafter  iliall  be,  in  travelling  to  and  from  any  Aflembiy  of  this 
Province,  and  attending  the  fame,  t03etha-  with  reaibnable  Allowance  for  his 
Ferriages ;  which  Moni;-s  fo  becoming  clue,  (hall  be  put  oh  the  Ellimate  of  ths 
Public  Debt?,  a  Certific:;te  of  which  Ihall  be  dehvercd^  by  the  Clerk  of  the  Ge- 
neral Afiembly,  countcr-figned  by  the  Speaker,  to  the  Perfon  to  whom  the  fame 
fliall  become  dutj  v/ho  is  hereby  required  to  produce  the  fame  to  His  Excellency 
the  Governor  and  Commander  in  Chief  for  the  Time  being,  to  be  by  him  figned  : 
Which  Certificate  fo  frgned^  being  produced  to  the  Public  Treafurer,  or  Trea- 
furers,  i"hall  be  a  fuHkient  Warrant  for  him,  and  he  is  hereby  required  to  pay 
the  Sun>  allowed  in  fuch  Certificate,  out  of  any  Public  Money  in  his  Hands,  not 
before  otherways  appn)priated  by  Law  ;  which  ftiall  be  allov/ed  to  fuch  Treafurer, 
on  fettling  his  Public  Accounts. 


II.  AND  he  it  further  Er.amd^  by  the  Authority  aforefaid^   That  whatfo-  Pen.ity  on  Mem,' 
tver  Member  of  his  Majcfty's  Honourable  Council,  or  Member  of  the  General  '""'■'  nbivntinj 
AlVembly,  Ihall  fail  in  making  his  perfonal  Appearance,  and  giving  his  Attend-  ^'^'"'*''**" 
ance,  precifely  at  the  l.^ay  limited  by  the  Writ,  or  appointed  by  Prorogation, 

(hall  be  fined^  for  every  Day's  Abfcnce  during  the  Sitting  5f  that  Affembly,  unlefs 
by  DifibiUty  or  other  impediments^  to  be  allowed  of  by  the  Council  or  AlTembly, 
with  Regard  to  their  refpetftive  Members,  Ten  Shillings,  Proclamation  Money, 
fer  Day  •,  to  be  recovered  by  a  Warrant  from  the  Chairman  of  his  Majefcy's 
Council,  if  one  of  their  Board,  and  from  the  Speaker  of  the  General  Afiembly, 
for  that  Houfc,  and  directed  to  the  MefTenger  of  the  refpedive  Houfe  of  which 
fuch  Perfon  lb  abfenting  is  a  Member  •,  v<?ho  is  hereby  impowered  and  required  to 
levy  the  fame,  by  DiltrLfs  and  Sale  of  the  Offenders  Goods,  and  to  return  the  faid 
Fine  or  Fines  to  the  Governor,  Council,  and  General  Affembly  j  which  Ihall  be 
by  them  applied  to  the  Ufe  of  the  Public; 

III.  A  N  D  be  it  further  EnaSfed--,    by  the  Authority  aforefaid.    That  every  p.„j,t    ,„  ^^ 
Member  of  his  Majcfty's  Council,  or  Member  of  the  General  AfTembly,  who,  f/n"^''att€r  a?- 
after  making  his  pcrfona]  Appearance  as  aforefaid,  fhall  abfent  himfelf  from  the.  p*"*""* 
Service  of  his  Houfe,  v/ithout  Leave  firft  had  and  obtained  from  fuch  Houfe,  fhall 

forfeit  and  pay  thi  Sam  of  Forty  Shillings,  Proclamation  Money,  for  every  Day 
he  ihall  fo.  abfent  himfelf  v  to  be  recovered,  levied,  and  applied,  as  aforefaid,  and 
may  be  fent  for  in  Cuftody  of  the  Serjeant  at  Arms,  by  a  Warrant  from  the 
Chairman  or  Speaker  aforefaid,  at  his  own  Expence,  and  be  further  liable  to  the 
Cenfure  of  the  Houfe  of  which  he  is  a  Member,  for  fuch  his  contempt. 


CHAP.     III. 


j^n  *^^,  for  afcertaining  the  Bounds  of  a  certain  *TraB  of  Land  former^ 
ly  laid  out  by  Treaty  to  the  Ufe  of  the  Tuikerora  Indians,  fo  long  ai 
they,  or  any  of  them,  /hall  occupy  and  live  upon  the  fame  j  and  to  pre- 
vent any  Perfon  cr  Perfon^  taking  up  Lands,  or  fettling  within  the  faid 
Bounds,  by  Pretence  of  any  Purchafe  or  Purchafes  made,  or  that 
fhall  be  made,  from  the  faid  Indians. 

**  \K[  ^  ^  ^  ^'  ^  ^  Complaints  are  made  by  the  Ttijkerora  Indians^  of  di-  prwrnkk^ 

y  y  ^  vers  Incroachments  made  by  the  Engltjh  on  their  Lands,  and  it  being 
hut  jult  chat  the  ancient  Inhabitants  of  this  Province  ihall  have  and  enjoy  a  quiet 
*r.d  convenient  D'ft'elling-pUce  in  this  their  native  County  j  Wherefore, 

Z  7.Z  IL  W  E' 


LAWS      of     N  O  RT  H  -C  A  RO  L  I  N  A. 


*^:-V;:i~  ^^'*  ^'"^  P^^^  ^'-  ""'"^  beEnactedj  And.  he  it  Enacted^  by  his  Ey.ceMtcy  Gabriel 
ind,a!!rj.and!  '  Jolijifton,  Efq\  Govemor^  'by  and"wit.b  the>  Advice  and  Ccnfent  of  his  Majefiy's 
.ojiflrmed.  Council,  and  General  A^'embly  of  this  Province^  -nnd  it  is  hereby  Enacted^  by  the 

Authority  fif  the  fame.  That .  the  Lands  formerly  allotted  the  Tvjkercj-a  hdians, 
by  folemn  Treaty,  lying  on  Morsttock  Kiytr,  in  Bertie  County,  being  the  fame 
•  whereon  they  now  dwell,  butted  and  bounded  as  follows,  viz.  Eegining  at  the 

'^puth  o('^4itJ'noy>Svia.mpi  ruaning^up  the  f.iid  Swamp  Four  Hundred  and 
Thij  ty  Pole,  to  a  Scrubby  Oak,  near  the  Head  of  the  faid  Swamp,  by  a  great 
Spring;  then  -iV'^r/^  Ten  Degrees  Eajf;  Eigh.t  Hundred  and  Fifty  Pole,  to  a 
.Pcrfup.on  Tree  on'  £.aqnis  Swamp ;  then  along  the  Swamp  and  Pocofon  main 
Cpiirfe,  North  Fifty- Seven  Degrees  ffeji.,  Two  Thoufand  Six  Hundred  and  For" 
ty  Pole,  tq  a.  Hickory  on  the  Jl^/ .Side  of  the  J^'^//?>^^  or  Di'i?/>  Creek,  and 

down  the  various  Coiirfes  of  the  fliid  Run  to  Moral ti)ck  River;-  then  down  the 
River  to  the  firll  Station  ;  fliail  be  confirmed  and  afllired,  and  by  Virtue  of  this 
Act, /i^  Gonfirmed  anti.  afuired,  xinrxi  James  Blount^  Chief  of  ihtTuJkerora'Nii'- 
tion,  ,and.  the  People  under„his  Ciiarge^  their  Kelrs  and  SuccefTorsj  for  ever-; 
any  Law,  Ufage,      '  •"  Giai\t>  to^  the-contraryj  notwithftahding= 

Perfons  having        III.  P  ROVJD  E^D  ^^ways,  That  jt  -fhaH  and  may  be  lawfiil  for  any  Perfoh 
°"D-rc'°jr'of  ^^  ^^'^^^^^^'   that -have  formerly  obtained  any  Grant  or  Grants j  under  tte 'late 
the  indiaV.        I^ords  Proprietors,  for  any  Trafts  or  Parcels  of  Land  within  the  aforefaid  Bbun- 
daries,  upon  the  faid /«i/Vi!».y  deferring  or  leaving  the  faid  Lands,  ro  enteti  oc* 
cupy,  and  enjoy  the  fame,  according  to  the  Tenor  of  their  feveral  Grants;  any- 
thing herein  to  the  contray  notwithftanding. 

Indians  not   to       \Y .  J' N  D  he  it  ju:n Kit  Knactcd,  hy  the  Author liy  nJLref.'.id,   That  it  Ihall  not 
pay  Qnii-Kents.  ^^^  ^^^  ^^  lavvjy],  ■ior  the  Lord.G><3»w7/>'s  Receiver  to  afK,  have,  or  demand, 
any  Quit-Rents  for  any  of  the  faid  Trads  or  Parcels  of  Land,  taken  up  within  the 
faid  Indian  Boundaries,  as  aibfeliiid,  until  fuch  Time  the  Indians  have  deferted 
the  f  '  '    '     Patentee  be  in  Pofiefuon  thereof;  and  then  only  for  fuch  Rents 

as  fii.^v-Y.'-'  -  "■■''"  "'"'  !.'.'>;■-.'-  d'lf   any  Law,  Ufage,  or  Cuflomj  to  the 

contia'ry,  notwi.      .  .  . 

Pensky  on  Per-...    V.  AN  f^  he  it, further  Enact    '         ^he  Aiiihority   aforefaidi  That  no  Perfori, 
&oftif il  ^V  ^y  Confideration  whatioever,  ......  purchafe  orbuy  any  Traft .  or  Parcel  of 

<ian«.  Land,  claimed,  or.inPoireffion  of  any /w./.-^w  of  7;7^/rt«j,  but  all  fuch  Bargains 

ill  be,  and^  drci hereby  declared  to  be'nwil  and  void,  and  of  none  Effect; 
and  the  Perfon  fp^purcligiing  or  buying  any  Land  of  any  Indian  Or  Indians,  ihall 
further  forfeit  the  Sum  of  Ten  Pounds,  Proclamation  Money,  for  every  Hun- 
dred ^.cres  by  him  purchafcd  and  bought;  one  Half  to  the  Ufe  of  the  Public,  the 
other  Half  to' him  or  them  that  fiiall  fue  for  the  fame ;  to  be  recovered,  by 
Aftion  of  Debt,  Bill,' Plaint,  6i- Tnformdtioh,  id  any  Court  of  Record  withiri 
jthis  Government,  wh&rein  no  EfToign,  Proted:ion,  Injundion,  or  W'^-S^^  °^ 
'I  r.v    fr.an  !>^  allowed  or  admirted  of.       '     "  "'    .  ^•>■'*'^  '•   '.   ,'    •     ■■ 

Perfons  fett'  .ictc^,  hy  the  Authority  ^/(?ri?/ij/'^,  .That  all  and 

l."nds^V"rt'"""  /  -  ot.icr.  than,  the  faid  JWwwj  who ,. are  now  dwelling  oa 

,-ji«ve,  on  a  Pen.  aiiv  v^.  ...^  ^.......■.  .,._.,..,  ui.e  Bbund^  ■^''"^"■"=-'nentlpned:i_  to,j,wve  been  allotted,  laid, 

%Kiw$  dfid  p'refci-ibcd  to'th^  iaid'*"!?^  .    'Jans,  fKal),,  on^or  beibre  tlie  Twenty 

'Fift'  oi March,  next  enfuing  the  Ratiftcafioh  of  this  A'6t,  remove  him  or 

T  '        '       ~"  the  faid  Land,  un  '       "     Penalty  of  .Twenty  Pounds,  Pro,- 

,ili*!»i-     "^  "  '^^*iui;ty  .  .; v'ld  if  any 'PetTfrn,  oi  i  c^ions,  other  than  the  faid  Indians, 

i-  jleft  or  refiife' to  move  hiiri' or  Kerfelf  and  Famih;  cfft;hc  faid  Lands,  .gn 

t>r  before  the  faid  TVenty"  Fifth  D.--,'  of  March  any'Perfon  or  Per,- 

fons,         -  than  t'  '  'iall'- hereafter  prelume  to  fettle,  inhabit,  or 

aV.  .  occupy 


L   A   IV   S      of'    No  RT  H3C!hR€ll-L^-NA.  275 


Q-^.Lipv  :    the  -{-Axd  Lands  hereby  allotted  and  afllgned  for  the  faid  Tuff-.ercra  ^^    .'743j 

•  huifons  ■   luc  .  Per'fon  or  Pcrfons  ihsli'forR-it  the  turther  Penalty  of-  Twenty  Shil-       -'^" 
nnyrs,  Prodamation  Money,  for  each  and  every  Day  he,  fl^eV  or  they  Ihail  inha- 
.fa'it  or  oeciipy  any  liands  .within  the  faid  ludran  hounds,  after  the  faid  twenty 
p-ifth  Day  of  March  next-  the  f lid  Penalties  to'  be  recovered  and  'appli'ed  in  the 
fame  Manr  :•  •-;  <:'-  ^''  —  -'"  '^  '^^""'^   ^ '''"^-  ^'^^''^'^  ^^^^^  mentioned.  • 

VIT  /-  ND  whereas  the  faid  Laftds  belonging  to  the  "rujkerotalni'mns,  have  survcycr's  Fee, 
•beed  lately  laid  out  and  new  marked,  by  George  Goulde,  Efq;  Surveyor'  Gencraf,  ^^'•^^/;;^^°;>V'" 
■at  the  Requeft  of  the  faid  Jnd'uim  ;  tberejore,  be  it  'Enntfed^  Thar  the  laid  George 

G^ttldt,  ¥Aq;  have  and  receive,  for  the  Trouble  and  E-kp^nct  he  hath'  been  at 
■in  laying  ovit'aad  marking  the  Minns  Land  aforefaid,^  the  Sum,  of  Twenty  Five 
•Pounds^  Piioelamation  Money,  to  be  paid  by  the'PiTblic  ciJt*-'of  the  Monies  iti 

the  Piiblici  Tteafury.  ,...,.- 

VIII.  A'NDv/hcreas  the  Indians  complain  of  Injuries  received  from  People  p-naity  «n  Pe«- 
t3rivingStoc4csfofT-Iorfes;  Gattle,-and  Hogs,  to-  ^  '^' '^,^-  s^^k/rTh'e 

•medy  whlfeoF,-  BeitEnamd,  Tiiat  Ptribns  drivuig  oujck^   lu  i^;ii_:,  >  ux  Stocks 
aftually  ranoing  on  the  Indians  Lands,  fii:^.l!,  and  ai-e  hereby  declar-L-J,  to  be  !i^- 
*ble  and  fubjtct  to  the  like'  Penalties  and  Forfeitures,  and  jiiay  be  proC(fded  againft 
-in  die  fame  Wartrler}  and-  fubjta  to  the  fame  Rtcrivartes,  as  b-  aw  of  this 

p^y^yj,  driven  '-ng  up6n' any  white  Peoples  Land  ar^- liable   and 

■'fobjeci  to  i  aiva  the  faid  i.-..         '''-dl  and'  may' ('njoy  *  the  Benefit;*  of  the  Laws  in 
"Ithat  Cafe  made  and  provide.  :,  ic  fame  Mannef  as  the  wHire  People  do  or  oiri  •, 

Wy  Law,  Ufage,  or  Cullom,  to  the  contrary,  nbtwithft&lr.dirig. 


ladiaus  Landt. 


CHAP.     IV. 

An  Acl,  for  forming  a  Ruit-Roll  of  all  the  LiUu..  /..-.t..,-.  In  thy 'Province^ 
'    for  quieting  the  Inhahtt ants  in  their  PoJftfkrJ,  and  for  direUing  the 
Payment  of  ^dt-Rin:  s  . 

■^'  T3  ^-  itEnatied,  hy  his  Excellerxy,  Gabriel  J^ihnlton,  Efq,  Gcvernory  by  and  Lands  hoidenio 
'     IJ.  with  the  Advice  and  (^nfent  V  his  Majefifs  Council,  and.  Gentral  JjTem-  ll^l^^^^^Z 
lly  of  ihis  Pravtncey  and  tt  is  hereby  Enacted,  by  the  Authority  of  the  fame.  That  m  is  Months, 
all  Perfons,,  feized  or  pofrcffed  of  any  Lands  in  thi.  i'lvv-iace,  by  any.Title.or  ""i'^"-''^  s  • 
*CIaim  whatfoever,  thelate,  Lords  PropricLors,.  ihall;    within   Twelve 

'Months  afttr  this  Ace  mail  be'  jpublifned,  ia  the  Manner  as  is  herein  after  m.en- 
tioned,  regifter,  or, tender  to  be  regiflred  or- entered,   their  Patenj;,  Grant,  or 
meihe  Conveyance,  by  v/hich '  theyclaim,  if  in  his  Majefty's  .Part  of  t. 
vince, -in  the  Office  of  the  AuditoV-Gencral,  or  his  Depi/.  luch  Lands  '^^ 

.not  already  entered  in  the  faid  Office,  for  which  no  Fee  or  Kcv/aid  fhali'be  takeH,, 
or  v/ith  the  Clerk  of  the  County  Court  where  fuch  Lands  may  lie,  wi^.o  n.,11  r.  ke 
^and  recpiv"  th?.  Sum   of  Sixteen  Peace,  Proclamation  Money,  iur  • 
■^.G'rafi  ,  die  Abflraa  thef '. 

tain  the  but-  d  Bounuings,  or  Peicriptions  of  ilic  iaau  L  r 

"entered  •,  ana  in^u.  iikewife  tranfmit  an  cxaCt  Copy  of  the  fam.:  >  . 
.mcfne  Conveyance,  orthe  Abftrad]:  thereof,  fo  raiftivd,  t.-)  th(  C 
fditor-Gcneral,  or  his  Deputy,,  .on  qj  before  the  i 

.",of  our  Lore!.  One  Thoufan4  Seven 'Hundred  ^atid  ivrty  Nint^  uii  / 

.'of  Five  Pounds,  Proclamation  Money  •,.  to  be.r"       t    '    ^  •■  ;  '^'  -'• 

any  of  his  Mt-ijtlfy's  Courts  of  Record  \yitlunj^u-_^^w  ..-_.^,.  , 

foevcr  thac  v,;il  fuc  for  the  fame.  '  _ 


-76  i    ^     /^'     ^       ?/•      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


^.  D.    1-48. 

eT  c^^ll^  ^^-  ^  ^  -D  ^.^  /■/  /wr/i'^r  £«rt<>7f^,  ^j-  /^^  Authority  aforefaid.  That  all  Perfons 
Lm.is  to  be  re-  fcized  or  pofleffed  oi  any  Lands  within  that  Part  of  the  Province  granted  by  his 
citr«d  likewifc.  Majcily,  the  Seventeenth  Day  of  September,  in  the  Eighteenth  Year  of  his  Reign, 
in  the  Year  of  our  Lord  One  I'houtand  Seven  Hundred  and  Forty  Four,  unto 
the  Right  Honourable  Joim  t^arl  Granvilk,  by  the  Name,  Stile,  and  Title  of 
the  Honourable  Jcbn  Lord  Carteret,  ihall,  within  Twelve  Months  after  this  Aft 
fhall  be  publifhed,  in  the  Manner  as  ii  herein  after  mentionedi  enter,  or  tender 
to  be  entered,  their  Patent,  Grant,  or  mefne  Conveyance,  by  v/hich  they  claim 
any  fuch  Lands,  in  the  Ofnce  of  the  Right  Honourable  the  Earl  Granville,  at 
Edenton,  or  at  the  County  Court-houfe  where  the  Land  lieth,  with  fuch  Perfon 
as  fhall  be  appointed  by  the  faid  Earl's  Agent  or  Agents,  who  Ihall  enter  the 
fame,  or  an  Abilra^i:  thereof,  for  which  no  Fee  or  Reward  fliall  be  paid  ;  which 
Abftracc  fnall  contain  the  Buttings  and  I^oundings,  and  Dcfcriptions  of  the  faid 
Lands. 

S'i'nfhe  Au':       "^-  Al^Bbe  it  further  Ena^ed,  hy  the  Juthority  df ore/aid.  That  all  Patents, 
ditnr'3  or  Karl's  Grants,  or  mcfne  Conveyances  of  L:.nds,  claimed  under  the  Lords  Proprietors^ 
oiflccj,  declared  yf]^[^]^  ij^^jj  ^qj.  J^g  entered,  or  tendered  to  be  entered,  as  aforefaid,  either  in  the 
Auditor's  Ofnce,  or  the  Office  of  the  Earl  Granville,  fliall  be  deemed  and  taken 
to  be  null  and  void,  and  all  the  Lands  thereby  granted,  to  be  vacant  Lands,  and 
(hall  and  may  be  granted  by  his  Majefly,  his  Heirs  and  Succeflbrs,  or  by  the 
tanHs  of  Orphan*  Eatl  Gra'/iville,  his  Heirs  or  Afiigns,  to  any  Perfon  whatfoevcr ;  excepting  the 
*e.  exceptcj.      L^nds  of  Orphans,  or  Minors,  who  ihail  be  allowed  Twelve  Months,  after  they 
arrive  at  Age,  to  enter  the  fame  in  the  Auditor's  Office,  or  the  Office  of  the  Earl 
Granville;  except  alfo  all  Perfons  now  abfent  in  Parts  beyond  the. Seas,  who  fhall 
be  allowed  Five  Years  for  entering  fuch  Titles,  in  Cafe  they  continue  lb  long  ab- 
fent, but  if  they  arrive  iboner,  then  only  Eight  Months  after  their  Arrival. 

ihibiicRe  -fterto      ^^'  "^  ^' ^  ^^^  ^^"^^  better  afcertalnlng  a  Yearly  Rent-Roil  to  his  Majefty,  arid 
tnnrm-taLidof"  Earl  GranvHk,  and  tor  the  fecuring  the  Quit-Rents  for  fuch  Lands  as  Ihall  here- 
Veye]'''"to'  the""  ^^^^^  ^^  transferred  from  one  Perfon  to  another,  by  mefne  Conveyance,  or  Will  i 
Auditor,  &c.      Be  ii  further  Enacted,  by  the  Authority  aforefcid.  That  the  Public  Regiiter  in  each 
Yearly,  on  Pen.  ^^^  every  County  within  this  Province,  fhall,  on  or  befofe  the  firfl:  Day  of  Fe- 
bruary, Yearly,  and  every  Year,   tranfmit  to  the  Office  of  his  Majeily's  Auditor- 
General,  or  his  Deputy,  or  to  the  Agents  of  the  Lord  Granville,  if  the  Lands 
He  in  that  Part  of  the  Province  -granted  to  the  faid  Lord  by  his  Majefty,  a  true 
and  exact  Lift  of  all  the  Lands  lb  conveyed  within  fuch  County  for  which  he  is 
Regifter,  containing  the  Parties  Names,  the  Number  of  Acres,  Situation  of  fuch 
Lands,  and  the  Date  of  fuch  Conveyance,  under  the  Penalty  of  Five  Pounds, 
Proclamation  Money,  for  each  Negledt ;  to  be  recovered,  by  Adtion  of  Debt, 
Bill,  Plaint,  or  Information,  in  any  of  his  Majefty's  Courts  of  Record  within  this 
Province,  wherein  no  Effoign,  Protection,  Injunftion,  or  Wager  of  Lav/,  Ihall 
be  allowed  or  admitted  of,  by  any  Perfon  who  fhall  fue  for  the  fame  -,  for  which 
fuch  Regifter  fliall  take  and  receive  of  the  Party  regiftring.  Eight  Pence,  Pro- 
Seereury  to       clamation  Money,  for  each  Deed  or  mefne  Conveyance  :  And  that  the  Secretary 
^»"!"'"'''^"'''y' for  the  Time  being,  or  his  Deputy,  do,  in  like  Manner,  on  or  before  the  firft 
\ViUs,'  uBjetthe  Day  o'^  February,  Yearly,  and  every  Year,  tranfmit  to  the  Office  of  his  Majefty's 
likipwait/.       Auditor-General,  or  his  Deputy,  or  to  the  Agents  of  the  Lord  Granville,  if  the 
Lands  lie  in  that  Part  of  the  Province  granted  to  the  faid  Lord  by  his  Majefty,  a 
true  and  exaft  Lift  of  all  the  Lands  bequeathed  by  Will,  recorded  in  the  Secre- 
tary's Office,    containing  the    Date  of  the  Will,  the  Name  or  Names  of  the 
Legatees,  the  Number  of  Acres,  and  the  Counties  where  fuch  Lands  lie,  under 
the  like  Penalty ;  to  be  recovered  as  aforefaid ;  for  which  the  faid  Secretary,  or 
his  Deputy,  fhall  take  and  receive,  of  the  Parties  lodging  fucli  Wills  in  the  Se- 
cretary's Officcj  Eight  Pence,  Proclamation  Money,  for  each  Will. 

V.  AND 


L    A     f^    S       of      N  O  R  T  H   -    C  A  R  O  L.  I  N  A.  2J'/ 

A.   D..    1748. 

V.  AND  wh^reiis  fveral  Perfons  have  been  many  Years  in  quiet  PoflciTion of  ^^  '^^"\,'.J^ 
Lands  in  this  Province,  and  have,  by  Fire  or  oth;.r\vile,  lolc  their  Patents,  Gr^ntb,'  ivnrcirion  de>m- 
or  mefnc  Conveyances  of  their  Lands  •,  Be  it  Enabled^  by  the  .Aiilhci':iy  aforefaid,  \IU^°^  '^"'"^ 
That  all  Perfons  who  luve,  or  thofe  imd'.r  whom  tliey  cl^im,  h.ive  been  in  actual 

^nd Jjuk-t .Polieifiion  of  any  'l"ra£f  or  Tracts  of  Land,,  ibr  .tJie.£p;:ce_.of  Twenty 
i'ears,  next  before  the  Ratification  of  this  Act,  and  Ihall  make  Proof  thereot  be- 
fore the  Governor  and  Council,  or  General  Cowrt,  or  the  Court  of  the  County 
where  the  Land  ii>.th,  and  Ihail  enter  fuch  Proof  in  the  Auditor's  Office,  or  Oiiice 
of  th^  Earl  Gr^n-j'Ulcy  in  Cafe  the  Land  Hiall  lie  within  .his  'iejKitory  or  Diftrict ; 
that  then",  and  froiti  thenceJorth,  fuch  Perfons,  their  Heirs  and  Affigns,  ihall 
quietly  hold  and  enjoy  fucii  Trati:  or  Trafts  of  Land,  againft  his  Majcfty,  his 
Heirs  and  Succellbrs,  or  againft  the  faid  B',arl  Granville^  iiislUirs  and  Alligns, 
he  or  they  paying  the  highdt  Qiiit-Rents  that  were  aftually  rcLrved  and  m.idc 
payable  to  the  late  Lords  ProprietorSj  in  the  refpetftivc  Counties  where  fuch 
Lands  lie. 

VI.  A  N  D  be  it  further  EnaSled,  by  the  Authority  aforefaid^  That  the  Quit-  Quit-rents  wh« 
Rents  hereafter  to  be  paid  for  any  Lands  already  granted,  or  that  ihall. hercahur  '''''*  *"'*  "'''■*• 
be  granted,  within  this  Province-,  or  which  have    been  adually  polielTcd  by  any 

Perfon  for  the  Sptce  of  Twenty  Years  lad  p^fb,  fhall  be  paid  in' Proclamation 
Mon  y,  at  the  Court-houfe  in  the  County  where  fuch  Land  lieth,  or  in  In- 
fpeclors  Notes  for  Tobacco,  at  One  Penny,'  Proclamation  Money,  per  PoUnd,  or 
Indigo,  at  Four  Shillings,  Proclamation  Money,  j)(?r  Pound,  good  and  mer-  what  tebtes  t« 
chantabie,'  and  fuch  as  the  hifpeftor  Ihall  judge  will  be  intituled  to  the  Bouncy  i«<i£",  repeaUd, 
given  by  Acl  of  Parhament,  being  well  infpcfted,'  after  the  fime  Manner  as  To- 
bacco is  to  be  infpccled  for  Payment  of  Public  Taxes,  if  delivered  at  fuch  in- 
fpedling  Houfrs  as  are  appointed  by  Law,  where  Boats  or  Jr'ettiauguas  may  con- 
veniently go  to  receive  the  fame  ;  and  provided,  that  the  Tpbacco  to  be  delivered 
at  fuch  irioLii's,  Ihall  not  weigh  lefs.than  Nine  Hundred  Weight,  Nett  Tobacco, 
in  each  Hoglliead. 

VIL'  AND  be  it  further  EnaEled^  by  the  Authority  aforefaid.  That  it  (hall  and  v/hcre  Comme. 
m.iy  be  lawful  for  the  Inhabitants  of  all  and  every  County  or  Counties  that  have  JplaX^ ''***' 
not  an  Infpecting-houfe  within  their  County  or  Countits,  at  a  convenient  Land- 
ing, to  fend  their  Tobacco  or  Indico  to  the  next  convenient  Infpc  ding-houfe  in 
any  other  County,-  where  any  Boat  or"  Pettiaugua  may  conveniently  come,  to 
tranfport  of  take  away  fuch  Tobacco  or  Indico,  in  Manner  as  aforelaid  ;  and  the 
Infpector  of  fuch  InfpecHng-houfe  fliall  receive  and  infptdl  the  fame,  at  the  faid. 
Infpeding-houfe  j  provided  fuch  Tobacco  fliall  be  delivered  at  the  Liel  Jnfpeeting- 
hbufe  in  HogGieads,  containing  not  under  Nine  Hundred  Weight  ot  Nett  To- 
bacco, each. 

.    VIII.'  AND  be  it  further  EnaEied^  ty  the  Authority  aforefaid.  That  the  Record  R-cord  of  Pnenti 
of  every  Patent  or  Grant  regiftred  in  the  Secretary*^  Office,  or  the  Abftradts  of  'j^J^  ^""^ '" 
them,    entered  in  the  Auditor's  Office,    or  the  Office  of  the  Earl  Granville,  or 
Exemplifications  of  them,  duly  proved,  Ihall  beaS  good  and  valid  in  Law,  as  if 
the  Originals  were  produced,  and  may  b6  pleaded  and  givehin  Evidence  as  well 
»s  if  the  Originals  were  in  Being. 

IX.  A  ND' be  it  further  Enacted,  liy  the  Authority  aforefaid,  Tlut  the  Sccre-  ucrtt»ry  t»  f^ni 
tary  ihall  make  out,  and  iend  to  the  Clerk  of  the  Court  ot  every  County  in  this  ^  ^"^y  S^  'hi* 
Province,  a  Copy  of  this  A<5t,  within  Three  Months  next  alter  the  Ratification  ii  c!ru«'t'ie.!^'"" 
hereof,  under  the  Penaky  of  Twenty  Pounds,  Proclamation  Money  ;  and  the 
Clerk  of  every  (!"ounty  Court  Ihall,  the  firft  Court  alter  the  Receipt  of  fuch  Co- 
py, pubhili  the  fame,  by  publicldy  reading  thereof  in  open  Court,  the  Lcond 

A  4  Day 


27^ 


L  A  f'f^  S    of    North-Carolina. 


d  ^    '!-l>  ^^y  ^^  ^^^  Sitting  of  the  faid  Court,    under  the  Penalty  of  Twenty  Pounds 
•-v-        Proclamation  Mon-y  j  the  faid  Penalties  to  be  rt-rovered,  by  Aftion  of  Debt, 
Bill,  Plaint,  or  'nformation,  in  any  Court  of  Record  in  this  Province,  by  him 
or  them  that  will  fuc  for  the  fame. 


C  H  A  P.     V. 

^n  Act,  to  tif point  an  Agent ^  to  follkif  the  Affairs  of  this  Province  at 

the  fever al  Boards  in  England. 


fftfMMb'e. 


I.  TTT  T  H  E  R  E  A  S  for  Want  of  an  Agent,  appointed  by  Public  Autho- 
VV     ^"^y»    ^o  follicit  and  truly  rcprefent  the  Affairs  of  this  Province  at 
the  fcv.  r..l  Boards  in  England,  tiiey  have  often  been  mifrcprefcnted  there,  to  the 
great  Prijudice  of  the  Iniiabitants  of  the  faid  Province :  Wherefore, 


^"'  .ppointed.  II,  w  E  pfay  that  it  may  be  Enaded^  Ard  he  ii  Enacted^  by  his  Excellency 
Gabriel  Johnffon,  Efq;  Governor^  by  and  with  the  Advjce  and  Confent  of  his  Ma- 
j(Jiy*s  Council^  and  Gen,?ral  Ajfe-mbly  of  this  Province^  and  it  is  hereby  Enacted^ 
by  the  Authority  of  the  famey  That  James  Abercromhy,  of  London,  in  the  King- 
dom of  Great-Britain^  LXq-,  be,  and  is  hereby  appointed  Agent  of  this  Province,- 
from  the  Ratilication  ot  this  Adl,  for  and  during  the  Term  of  Two  Years,  next 
after  the  Twenty  Fifth  Day  of  March  enfuing,  to  follicit,  rcprefent,  and  tranfadt 
all  fuch  Public  Affairs  and  Bufinefs,  now  relating  to  the  fuid  Province,  or  that 
(hall  or  may  be  moved  concerning  the  fame,  at  any  of  the  Boards  in  England, 
during  the  faid  Term  or  Time,  according  as  he  fhall,  irom  Time  to  Time,  find 
Occafion,  or  be  directed  and  inftrucuedi  by  the  Committee  of  Corrcfpondencc 
herein  after  appointed. 


)f?il  SaUrf. 


Committee   of 

eorrLrp'>ndt;nC« 


III.  AND  that  the  faid  James  Ahercromhy^  Efq;  in  Confideratlon  of  his  Trou- 
ble, Charges,  and  Expences,  in  tranfadting  the  Public  Bufinefs  of  this  Province, 
as  Agent,  to  this  Tmie,  and  until  the  Twenty  Fifth  Day  of  Misni?,  next  enfuing, 
be,  and  is  hereby  allowed,  the  Sum  of  One  Hundred  Pounds,  Sterling,  to  be 
paid  immediately  after  the  Ratification  of  this  A&.,  to  the  faid  Committee,  for  the 
Ufe  of  the  faid  James  Abercrcmby,  Efqj  out  of  the  Public  Treafury,  by  a  War- 
rant irom  his  Excellency  the  Governor  >  which  faid  Sum  Ihall,  by  the  f.id  Com- 
mittee, be  remitted  to  the  faid  James  Ahercromby,  by  the  firil  Opportunity  •,  and 
alfo,  the  further  Sum  of  Fifty  Pounds,  Sterling,  Yearly,  for  the  faid  Two  Years 
n-xt  after  the  faid  Twenty  Fifth  Day  of  Mnrch,  after  the  Ratification  of  this  Adl } 
which  faid  Sum  of  Fifty  Pounds,  Ihall  be  Yearly  paid,  out  of  the  Public  Trea- 
fury, to  the  faid  Committee,  tor  the  Ufe  of  the  faid  James  Ahercremhy,  by  War- 
rant from  his  Excellency  the  Governor,  and  be  remitted,  by  the  faid  Committee, 
to  the  faid  James  Ahercromby. 

IV.  AND  be  it  further  JLn^iCled^  T\v?x^\\tYlonox\x^Vkcbert  Halton,  and 
Eleazer  Allen,  Efqrs.  and  Samuel  Swann^  John  Swann,  and  John  Starkey,  Efqrs. 
and  the  IVlajority  of  them,  or  the  Majority  of  the  Survivors  of  them,  be,  and 
they  are  hereby  nominated  and  appointed  a  Committee  of  Correfpondence,  from 
the  Ratification  of  this  A.cl,  and  during  the  Continuance  of  the  faid  Ag-ncy  •,  and 
fhall,  from  Time  to  Time,  during  the  faid  Two  Years,  corrcfpond  with  the  fiid 
James  Ahercromby^  Efq;  and  advife,  diredt,  and  infbrud  him  in  ail  fuch  Matters 
relating  to  this  Province,  as  may  be  moved  or  follicited,.  or  that  they  may  think 
proper,  at  any  Time,  to  move  or  follicit  before  liis  Maj^fly  in  Council,  or  at  any 
of  the  Board*  ii\  England:  And  the  faid  Committee  fnall,  from  Time  to  Time,- 


as 


L  A  iV  S     of    North-Carolina.  ^-^g 


as  otten  as  required,  liy  b-tore  Cae  Governor,  Council,  and  Gener  J  AiTcmbly,     -*■'■  "    '"■»'• 
the  Advices  they  fhall  receive  irom  the  fiid  Agent,  during  the  faid  Two  Yeiirs  j        ~^ 
and  alfo  Copies  of  fuch  Difpatches,    Orders,  and  Directions,  as  they  fhall  fend 
to  him. 

V.  AND  he  il  EriaSic'd^  hy  tht  Authority  aforefaid^  That  this  A61  fhall  be  Continuancs  d? 
in  Force,  for  and  during  the  Space  and  Term  of  Two  Years,  next  alter  the  '^'•'^^' 
Twenty  Fifth  Day  of  March  next,  and  no  longer. 


CHAP.     VI. 

jin  AB^  for  the  better  regulating  the  Town  of  Newbern,  for  fencing  the, 
fame,  and  fccuring  the  'Titles  of  the  feveraJ  Perfons  ivho  hold  Lots  in 
the  faid  Town> 

i.  "O  ^  ^i  EnaHed^  h  his  Excellency  Gabriel  Johnflon,  £/^i  Governor^  hy  and  c.,mm-ffioner»t# 

Jt)  with  the  Advice  and  Co  fnt  of  h^s  Majejiy's  Cctinctl,  and  General  yljfem-  b.  ch^Aio. 
hly  of  this  Pro^'ince^  and  tt  is  hereby  Enacted,  by  the  Authority  of  the  fame.  That 
it  fhall  and  m.iy  be  lawful  for  fuch  I'trfonsj  who  arc  qualified  by  Law  to  vote  for 
a  Member  to  f-rve  in  Gtner.jl  Aficmbiy  lor  the  faid  1  own  of  Newbern^  Yearly, 
and  every  Year,  aftr  the  Ratification  of  this  Ad:,  to  affemble  and  meet,  at  the 
Court-houfe  in  Newbern,  on  tlie  Hrtl  Tuefday  in  November,  and  then  and  there  ' 
choofe,  by  Ballot,  in  the  fame  Manner  as  dircded  in  the  Law  for  regulating  E- 
ledions  for  Members  of  Aflembly,  Five  l-fceholders,  Inhabit.ints  of  the  faid 
Town,;  and  no  more,  as  Commiffioners  for  the  laid  Town-,  and  that  upon  the 
faid  Commidioners  being  chofen,  and  their  Names  being  properly  entered  in  the 
Journ  il  of  the  Proceedings  of  the  faid  Town,  they  Ihall,  bciore  they  enter  on 
the  faid  Office,  take  the  following  Oath  : 

I  A.  B.  do  fi6ear.  That  I  ix^ill  execute  the  Office  of  a  Cornm'-Jfioner,  faithfully  and  Their  Oatk, 
truly ^  without  Favour,   Affsciion,  or  Prejudice  j-  and  i;t  all  Things  a£l  fcr  the 
Good  of  the  Town,   and  the  well  governing  of  ;/,  to  the  befi  cf  my  Skill  and 
Judgment.  So  help  me  God. 

And  the  faid  CommifTioner?,  after  having  been  fo  chofen  and  fworn  as  aforefaid,  Tresfur^r  to  be 
fhall  proceed  to  ekit  one  out  of  their  Number  to  be  Treafur^r  for  the  faid  Town,  *Pt"''"'*'*- 
and  enter  fuch  Eledion  in  the  Journal  of  the  faid  Town  -,  into  which  Treafurer's 
Hands  all  Monies  arifing  by  Sale  of  Lots,  or  otherwife  by  Fine,  fhall  be  paid 
and  k  pt,  till  difpofed  of  as  hrreafter  dired:ed ;  who  is  alio  hereby  required  to 
account  with  the  l^roprietor  of  the  faid  Town,  for  fuch  Monies  as  arife  by  Sale  of 
Lots,  and  alfo  with  the  fucceeding  Treafurer  and  Commifiloncrs,  for  all  othei' 
Monies  by  him  received,  during  his  being  Treafurer  aforefaid. 

II.  AND  be  it  further  EnciEledi  hy  the  Authority  aforefaid,  Thzt  the  Com m if-  h  <■''"'"  «»  «'•" 
fioners  for  the  Time  being,  or  the  Majority  of  them,  may,  and  they  are  hereby  pJn'ofM'i,  "* 
impowcred,  to  order  the  Owner  of  any  Lot  oi  Lots  to  clear  all  or  any  Part  of 
them,  and  to  make  proper  I  >" rains  or  Water-Courfls  thro'  them,  in  Six  Months 
aft;  r  fuch  Crdtr,    figned  by  the  Commiffioners  \ot  the  Time  b(.ing,  or  the  Ma- 
jority of  them;  and  any  Perfon  rcfufing  to  comply  with  the  fame,  or  neglcding* 
fKall  fort  it  <.nd  pay  Twenty  Shillings,  i'roclamution  Money :  The  Conmiiffion-  ^■'''  Tthatie* 
ers  are  hrTy  alfo  impowcrd  to  ifiiie  their  Warrant,  at  leafl  Twice  a  Year,  to  suem,  on"r''n! 
th?- Conft  ;bl- ,  to  warn  all  the  Male  Tithabl.s  to  clear  or  rep-.ir  the  Streets,  or'^**--  8  h.  to» 
Wake  or  uicnci  any  jc'uUic  Wharfs  or  Docks,  and  alfo  appoint  Overfccrs  j  any  Per-  '"'^^   *"'    • 

foa 


ZiiO  L    A     IV     S       0/      N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


-^  ^    1-4S.    fun  negieCling  or  rtturmg  10  work  as  dir.iled  in  the  Warrant,  or  to  turnilli  a 

V—        fufficient  Hand  in  his  or  licr  i'iace,  lliajl  iorfcit  and  pay  Two  Snillings  and  Eight 
...  ...  ,-.         .-  ,    .    _         . .  - 

-d' 


Penccj  Proclamation  Money,  per  Day,  for  every  fuch  Rctulai  or  NegLtt. 


III.  AND  whereas  the  inclofing  and  fencing  the  Town  of  Ncivbenty  will  be 
ftncing  i^n'the"'  HOC  Only  commodious  to  the  InhibitantSj  but  convenient  for  Travellers,  as  well 
Town.  ys  all  other  Perfons  who  have  Bufintfs  in  the  faid  Town  •,  Be  it  E;:acted,  by  the 

yltithority  aforefaid.  That  the  Commillioncrs  for  the  Time  being,  or  the  Majority 
of  them,  are  hereby  impowered  to  cmpioy  and  hire  Workmen  to  makeup  a 
good  and  fui'ncicnt  Fence  round  the  faid  1  "own,  with  fuch  Gates  as  they  Ihall 
think  proper,  and  compute  the. Charge  of  the  making  or  repairing  the  fame,  and 
lay  the  fame,  on  the  Third  Tucfday  in  Marcb^  Yearly,  betore  the  County  Court, 
which  is  hereby  impowered  to  Ly  a  Tax  or  Levy  on  each  Tythable  Fcrfon  in  the 
County  oi  Craien,  and  on  each  rerfon  of  a  faved  Lot  in  the  Town  of  Neu'bcrny 
and  taxable  Perfons  inhabiting  the  lame,  for  defraying  the  faid  Charge,  not  ex- 
ceeding Four  Pence,  Proclanution  Money,  Yearly,  to  be  colle6led  by  the  She- 
riff, in  the  fame  Manner,  and  under  the  fame  Penalties,  as  othei"  County  Taxes 
are  ufually  colleftcd  -,  and  the  Town  fo  f-nced  is  hereby  declared  to  be  a  Public 
Failure,  for  the  Horfes  of  all  Travellers,  during  their  Stay  in  I'Own,  but  no  lon- 
ger, nor  for  any  other  Creature,  except  Horfes. 

Keniity  on  Ptr-       IV.   A  N  D  bc  it  further  Ena^od,   by  the  Authority  af ere  faid.  That  any  Per- 
font  deftrnying    fgp,  -whatfoLver  who  Ihall  pull  down,  t.ike  away,  or  by  any  Means  deilroy  any  of 
e  Fence,  ^^^  '^■ii\\%  of  the  faid  Fence,  or  any  i-ari:  thereof,  and  being  thereof  lawfully  con- 

vided  by  the  Oath  of  any  credible  Witnefs,  -before  one  or  more  JufVices  of  the 
peace,  fliall  forfeit  and  pay,  into  the  Hands  of  the  Commiflioners,  for  the  firlt 
Offence,  Twenty  Shillings,  I'roclamation,  and  for  the  fecond.  Forty  Shillings, 
like  Moriey  •,  to  be  recovei'ed  by  the  Commiffioncrs,  by  Warrant  from  Two 
Juftices  of  the  Peace  •,  which  Monies  fo  recoveredj  Ihall  be  applied  towards  re- 
pairing the  faid  Fence. 

Penalty  on  p«-       V,  A  N  D  bc  it  fuTther  Eyiacted,  by  the  Authority  af or ef aid.   That  none  of 
fons  krfpins       fj^g  Inhabitants  of  the  faid  Town,  Ihall  keep,  or  caufe  to  be  kept,  funning  at 
Town  t'diB  «u  large  within  the  Bounds  ot  the  faid  Town,  more  than  one  Cow  and  Calf,  cr  one 
kwed  by  Ljw.     I-Jorfe,  or  Six  Head  of  Sheep,  for  one  faved  Lot,  and  fo  in  Proportion  tor  each 
faved  Lot  by  them  podeiil-d,  under  the  Penalty  of  '1  wenty  Shilling?,   Proclama- 
tion Money,  for  tach  and  every  Off..ncei  to  be  recovered  as   in  this  Ad  is  here- 
after diredted. 

fto  s  not  to  run       ^I.  A  N  V  Is  it  futthcr  Enacted,  hy  the  Authcrity  afcreffuU  That  none  of  the 
ati-rje,  ohi'en.  Inhabitants  of  the  faid  Town,  fhall  fuffer  any   Hog  or  Hogs  to  run  at  large 
ofFoifciture.       ^.jj-hin  the  Bounds  of  the  faid  Town,  iinder  the  Forfeiture  of  fuch  Hog  or  Hogs, 
to  any  Perfon  who  Iliall  feize  of  kill  the  fime. 

Nont  but  iniia-       ^11.  AND  bc  it  fufth'er  EriABed,  by  the- Authority  dforefaid.  That  no  Perfon 

blunts  t.,  k=ep  or  Perfons  whatfoever,  (except  the  Inhabit.mts  of  the  faid  Town)  fliall  keep,  or 

^^Lr^ol  PeR.  c^'-'^"  ^^  ^"  ^^P'-'  ^"y  Horfes,  Cattle,  or  Sheep,  within  the  f;id  Town,  under 

of  aa'i.  the  Penalty  of  Twenty  Shillings,  Proclamation  Money,  for  each  and  every  Cf- 

fence  ;  to  be  recovered  and  applied  as  hereal'ter  direded,    except  their  riding 

Horfes,  during  theif  Stay  in  Town  :  And  the  CommifiTioners,  or  the  Majority  of 

them,  for  the  Time  being,  are  hereby  authorized  to  caufe  a  Pound  to  be  built 

and  eredled,  to  irtipound  any  Horfc  or  Horfes,  Cattle  of  Sheep,  found  at  large 

within  the  Bounds  of  the  faid  Town,  contrary  to  the  Meaning  of  this  Aft. 

PsMiti.s  h(^w  to       VIII.  AND  he  it  further  Enacted,    hy  the .  Authority  ofcrefaid.    That  the 
ke  iMuvercd.       fgveral  Penalties  in  this  Aft  mentioned,  except  for  deflroying  the  Fence  aforefaid, 

fliall.> 


L  A   fV  S     of    1^  OR  T  H  -Carolina.  281 


A.  D     i-?A?-. 


Ihal),  by  the  Commiffioners,  or  the  Majority  of  them,  be  recovered  by  a  War- 
rant from  Two  Jurcices  of  the  Peace^  and  b-j  applied  towards  the  making  Public  ^^ v *. 

Wharfs,  ereding  a  Pound,  or  repairing  the  Strtets^  and  to  no  other  Purpofe. 

IX.  A  N  D  whereas  the  Settlement  of  the  Town  of  Nc^bern,  hath  been  much 
retarded  by  Peffons  taking  up  Lots  in  the  faid  Town,  and  not  buildinp-  thereon, 
as  by  the  Tenor  of  their- Deeds  or  Grants,  and  the  Lnw,  intituled,  An  A<ft,  for 
the  better  fettling  the  Town  of  Newberny  is  exprefly  provided  : 

X.  AND  wihereas,  after  the  Time  therein  limited  thereon,  the  fame  Perfons 
have  been  permitted  to  enter  and  take  up  the  fame  again,  whereby  fome  of  the 
moft  convenient  Lots  in  the  (Itid  Town  lie  unimproved  ;  For  i*revencion  where- 
of for  the  future  j  • 

XT.  B  E  H  Enact edy  by  the  Authority  aforefaidy  That  the  CommifTioncrs  of  the  Anv  tfiree  Com- 
faid  Town  for  the  Time  being,  or  any  Three  of  them,  whereof  the  Treafurer  ^f^^"][]'  ^f]^ 
to  be  ones  are  hereby  authorifed,  empowered,  and  dirt«5ted,  to  grant,  convey,  one,  may  cenvey 
and  acknowledge,  to  any  Perfon  requiring  the  fame,  any  Lot  or  Lots  of  Lanicl  ^"' 
within  the  faid  Town,  not  already  taken  up  ,and  built  on,  agreeable  to  the  faid 
Act,  or  any  Lot  or  Lots  that  may  hereafter  be  liable  to  be  taken  up  for  Want 
of  being  built  on  as  aforefaid,  for  the  fame  Confideration,  and  under  the  fame  Re- 
llriftions,  Limitations,  and  Forfeitures,  as  Lots  have  heretofore  been  granted, 
agreeable  to  the  faid  Ad  of  Alfembly  for  the  better  fettling  the  Town  of  A^fW" 
hcrny  before  mentioned. 


Perfons  net  SffiHi' 
to 


XIT.  PRO  VID  E  D  never  ti>elejsy  That  where  any  Perfon  Hiali  have  taken  up 
any  Lot  or  Lots,  and  hath  not  built  thereon  and  improved  tlie  fame,  agreeable  pio^mg  their 
to  the  Tenor  of  his  or  her  Deed  or  Grant,  and  the  atoreLid  Ad  of  Afltmbly,  Liv.T/t "tak^ 
the  fame  Perfon  (except  where  the  litle  of  fuch  Lot  or  Lots,  before  the  Expira-  *'"'"'  uptiiithey 
tion  of  the  Time  for  building  thereon^  fhall  fall  to  a  Minor  or  Minors)  fhall  not  6Mt»iki.""'"* 
have  the  Preference  to  be  allowed  to  take  up  the  fame  again.  Until  the  fame  hath 
layed  vacant  Six  Months ;  but  the  fame  may  and  fhall,  immediately,  or  any 
Time  after,  be  granted  to  any  other  Perfon  defiring  the  fame,  on  the  fame  Con- 
ditions mentioned  by  the  faid  Law  j  and  the  Commiffioners  for  the  Time  being, 
arc  hereby  required  to  keep  a  fair  Book  wherein  they  fhall  enter  the  Time  v/hen 
any  Lot  was  granted,  and  to  what  Perfon,  and  alfo  of  the  Time  when  the  fame 
bfcame  lapfable  •,  which  Book  any  Perfon  fhall  have  free  Liberty  of  ptrufing,  as 
they  fee  proper,  at  all  Times. 

XTIT.  AND  whereas  fundry  Difputes  may  hereafter  arife,  concerninc-  the  ^'«^"  *•  ^^ 
Titles  to  t^iit  Lots  in  Newberity  and  the  Bounds  thereof-.  Be  it  Ena£iedy  %y  the  *""^""*^* 
Authority  aforefaidy '  That  the  CommiflTioners  or  Jull:iccs  formerly  appointed,  by 
A6t  of  General  AfTembly  of  this  Province,  intituled.  An  Aciy  for  the  better  Set- 
tling of  the  "Town  c/Newbern,  in  the  Freeing  <?/ Craven,  and  their  SuccelTors,  are 
hereby  declared  to  have  had  a  good,  abfolute,  and  indefeafible  Eflate,  in  Fee, 
in  the  Two  Hundred  and  Fifty  Acres  of  Land,  by  the  faid  Ad  of  Affembly  al- 
lotted and  laid  out  for  the  Town  of  Newberny  refpedively,  in  Truft  and  Confi- 
dence, to  and  for  the  Ufes  in  the  fatd  Ad  mentioned  ;  and  the  Commiffioners  or 
Juflices  for  this  Ad,  hereafter  to  be  chofen  and  eleded,  as  before  mentioned,  arc 
hereby  declared  to  have,  for  the  Time  beingj  a  good,  abfolute,  and  indefeafible 
Eftate,  in  Fee,  in  all  fuch  Lands  or  Lots  witliin  the  Limits  of  the  faid  Town, 
•which  have  not  becfi  difpofed  of  by  the  former  CommifTioncrs  or  Juflices,  and 
built  on,  agreeable  to  the  before  recited  Ad  for  fettling  the  faid  Town,  but  iii~ 
Truft  and  Confidence,  to  and  for  the  Ufes  in  the  before  recited  Ad  mentioned, 
and  for  no  other  Ule  or  Purpofe  whatfoever  •,  and  the  faid  Land  or  Lots  contained 
ift  tlw  faid  Tv/6  Hundred  and  Fifty  Acres  of  Land,  are  hereby  confirmed  to  the 

B  4  fiid' 


282  I,^^*Se/'    North-Carolina. 

—  -     ■   I  '  l^^^'^'—— ^i^»^— — ^^i^i^^'—'*^*^— I  ■■III  11      .II—     ■ I..   .1.  ■     !■  — ^■■■l,— .    _        .  ■   ■     ■  .— -■■     ,.,,..,  -11111,1  ,        ,  „,   ,„,         ,      „M    ,     .^ 

A.  D.   <743;^  faid  Commiffioners  or  Juftices,  for  the  Time  being,  in  I-'ec,  to  the  Ufc  or  Ufes 
'  in  the  faid  Aft  mennoned,  and  to  no  orhtr  Ufe  or  i^urpofe  whatfoevcr. 


--v — 


Titiei  to  Lot,  XIV,  P  ROV  ID  ED  always,  and  be  it  further  Ena^led^  Tfiat  nothing  ill 
faid'^Aft^'tVbc  tJie  afore-recited  hCX,  or  in  this  Ad,  fnall  be  conflrued  or  extend  to  the  deteat- 
good,     '  ing  the  Title  to  any  Let  in  tb.c  laid  I'own  which  had  been  built  upon  and  im- 

proved before  the  firit  recited  Ad ;  any  Thing  in  the  fame  to  tiie  contrary^ 
notwithftanding. 

Titkt  tn   Lot!      XV.  AND  he  it  further  Enacted^  hy  the  Authority  aforefaidy  That  all  and 
p..rc!r.fed  of  t'lie  gy^j-y  \^Qxion  ov  PerfoHs,  who  have  purchafed  and  paid  for  any  Lot  or  Lots  of 
ers,  and  favcd.  Land  iH  the  faid  Town  or  jyeiv&ent,  ox  any  ot  the  Commiffioners  or  Juftices, 
uoittci  good.     pm-f^,ant  to  the  above-mentioi^d  Aft  of  AfTembly^  and  have  fully  complied  with 
the  Conditions  in  the  faid  Acl  mentioned  ;  and  all  Ferfons  which  hereafter  may 
purchafe  and  pay  for  any  Lot  or  Lots  of  Land  in  the  faid  Town,  of  any  of  the 
Commiffioners  hereafter  to  be  eleftod  and  chofen,  agreeable  to  this  Aft,  and  (hall 
fully  comply  with  the  Conditions  in  their  Deed  or  Grant,  and  the  above  reci- 
ted Aft  of  Aflembly  ;  are  hereby  dcchired  to  be  invelled  with  a  good,  abfolute, 
and  indefeafible  Eftate,  in  Fee,  to  fuch  Lot  or  Lots,  and   the  fame  are  hereby 
■     confirmed,  in  Fee,  to  luch  Perfon   or  Perfons,  and  to  his  and  their  Heirs  and 
Aflisns,  for  ever. 

Ffant  Lots  mat  XVI.  AND  bt  it  fuYihcr'  Enacfcd,  by  ihg  Afithcrity  aforefaid,  That  alt 
^l.vwrli,  "^  '"**  Water  or  Front  Lots,  adjoining  the  Streets  or  Lots  of  the  faid  Town  of  New- 
herUi  fliall  be  deen)ed,  held,  and  taken  to  be  Part  of  the  faid  Town  ;  and  it  fhall 
and  may  be  lawful  for  any  Perfon  to  take  up  the  fime,  and  build  thereon,  any 
Wharf,  Wliarehoufc,  or  other  Improvements,  as  they  fliall  think  proper,  after 
giving  Three  Months  iN'otice  to  the  Owner  or  Owners  of  fuch  Lets  as  (hail  front 
fuch  Water  Lots. 

ckiic  to  fc«ap.       XVII.  AND  he  it  Enacted,  hy  the  Authority  aforefaid^  That  it  fhall  and  maf 

SilMl'lep'Ii'"k-r  be  lawful  for  the  Commiflioners  aforefaid,  to  choofe,  employ,  and  agree  with  a  pro- 

jmnnai,  and  re   per  Pcrfon,  as  Clerk  of  the  faid  Town  ;  which  Ckrk  is  hereby  required  to  keep 

DlSs'S^.ts'"  a' fair  and  regular  Journal  of  all  the  Proceedings  c<5ncerning  the  faid  Town,  and 

to  bf  fr«  for  the  regifter  therein  all  Deeds  given  by  the  Comoiifiicners  for  Lots,    entered  and 

po"fon!.  "^  "'     taken  up,  for  which  he  fhall  receive,  from  the  Owner  or  Taker-up  of  the  faid 

Lot,  Two  Shillings  and  Eight  Pence,    Proclamation  Money,   and  no  more ; 

which  faid  Book  or  Journal.  Ihall  be  free  for  any  Perfons  Perufal,  on  paying 

One  Shilling,  Proclamation  Money,  under  the  Penalty  of  Twenty  Shillings,  like 

Money  •,  to  be  recovered  from  the  faid  Clerk,  in  Manner  aforefaid,  for  every 

'  fuch  Refulal  or  Nefdeft,  to  be  recovered  as  aforefaid. 


~o 


New  Plan  to  be      XVIIL  AND  he  it  further  Ena^edi  by  the  Authority  aforefaid.   That    the 
Tef^re  tS  c"!''  CommifTioners  of  Newbern^  fhall  caufe  to  be  made  a  new  and  correft  Plan  of  the 
■rem  r  and  Af-  faid  Tov/n,  wlth  proper  Defcriptions,  and   lay  the  fame  before  the   Governor* 
=;mbiy.  Council,  and  General   AfTcmbly,  at  their  next  Sitting  •,  which  Plan,  when  ap- 

proved of  by  them,  fhall  be  deemed  and  taken  to  be  the  true  Plan  of  the  feid. 
Town,  and  no  other  Plan  to  be  admitted :  Provided,  That  in  the  fame  Plan  fo 
to  be  made,  Regard  fliall  be  liad  to  the  f:rll  Owner  of  every  faVed  Lot,  to  pre- 
ferve  his  Title  thereto,  akho'   it  fhould  appear  that  the  fame  was  mifnumbtred. 

Sufca  toti  t«  t)e  XIX.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid^  That  all  and 
*jpi!tred  in  i  cvery  Perfon  or  Perfons,  who  have  or  hold  Lots  already  faved  in  the  faid  Town, 
thirAa,  "©rthe  o"^  ^^^t  ^"1^  hereafter  fave  any  Lot  or  Lots  in  the  faid  Town,  fuch  Perfon  or 
Cne  of  ths     Perfons  fhall,  within  Six  Months  after  the  .Ratification  of  this  Aft,  regifltr-all 

conveyance.  ,  '  ^^^^ 


L    A   ly  S      ^f     N  O  R  T  H  -  C  A  R  O  L  I  N  A.  283 

fach  Lot  or  Lots  already  laved,  with  the  Regifter  of  the  faid  County,  or  within  ^j"'  _y_^ 
Six  Months  attcr  the  Date  of  fuch  Deed  or  Conveyance.      '  "^ 

XX.  AND  be  it  Enr.cted^  by  the  Authority  aforefaid.  That  the  Claufe  in  the  R=P"iinsci.«fe. 
before  recited  Ail,  and  fo  much  thereof  as  relates  to  the  appointing  Commiffion- 
crs  or  Juftices  for  the  Town  of  Nei^^bern,  be,  and  is  hereby   repealed,  to  ail  In- 
tents and  Purpofes. 


G  H  A  P.     VIL 

An  A5i^  to  niter  and  amend  an  A£fy  intituled^  An  A6t,  for  appointing 
Commiffioners  to"  rcvife  and  print  the  Laws  of  this  Province  j  and 
for  granting  unto  his  Majelly,  for  defraying  the  Charge  thereof,  a 
Duty  on  Wine,  P.um,  and  diftilied  Liquors,  and  Rice  imported  int6 
this  Province. 

I.  TTTHEREAS  the  revifmg  and  printing  the  Laws  of  this  Province,  PicsaWe; 

YY     tho'  fo  very  much  wanted  and  defired,  hath  hitherto  met  v/ith  unex- 
pected Delay  :  For  Remedy  whereofj 

IL  W  E  pray  your  moft  Sacred  Majefty  that  it  may  be  Enacled,  And  he  it  En,'  Allowance  to  tii 
acted,  by  his  Excellency  Gabriel  Johnfton,  Ej\\  Governor^  by  and  ivith  the  Advice  •^r'"^' yi'""\ 
and  Confent  of  his  Majcjifs  Cotmcil,  and  General  Ajfembh  of  this  Province,  and  L:iw»,    ' 
it  is  hereby  Enacted,  by  the  Authority  of  fame.  That  fuch  Commiffioner  or  Com- 
miffioners only  in  the  above  recited  Adt  mentioned,  who  Ihall  revife  and  com- 
pile the  Laws  of  this  Province  into  one  Body,  and  make  an  Index,  Marginal 
Notes,  and  References  thereto,  ready  to  be  laid  before  the  General  Afiembly,  by 
them  to  be  ratified  and  confirmed,  fliall  have  and  receive,  to  his  and  their  own 
Ufe,*  the  Sum  of  Sixty  Pounds,  Proclamation  Money,  in  the  faid  above  recited 
Law  mentioned  -,  and  in  Order  to  enable  the  faid  Commiffioner  or  Commiffioners 
to  procure  ?.n  able  Clerk  or  Clerks  to  expedite  the  fame,  he  or  they  Ihall  have 
and  receive  the  additional  Sum  of  Forty  Pounds,  Proclamation  Money  ;  to  be 
paid  by  the  General  Afiembly,  out  of  the  Duty  already  arifen  by  Virtue  of  the 
faid  A(5t'v  and  in  Cafe  any  Deficiency  fnall  happen,  then  the  faid  Comgiiffioner 
or  Commiflionrrs  (hall  be  paid  the  fame  out  of  the  Public  Treafury  :  Provided, 
the  faid  Laws  ffiali  be  revifed,  compiled,  and  compleated,  ready  to  be  laid  before 
the  General  Alfembly  of  this  Province,  within  the  Space  of  Five  Months,  next 
after  the  Ratification  of  this  Aft,  or  ait  the  firft  Meeting  of  the  General  AfTembly 
after  th^t  Term,  and  not  othervvifcc 

III.  A  N,D  he  it  fiirthef  EmEiei,  by  the  Authority  aforefaid.  That  fuch  Com-  Gommifiisnefi  ta 
miffioner  or  Commiffioners,  who  fhall  rcvife  and  compile  the  faid  Laws  as  afore-  tenjing'^or'^s 
faid,  after  the  Ratification  of  the  fame,  fhall  print  them,  together  with  fuch  other  Years,  .n<ii=c!. 
Laws  as  fhall  be  paffed  to  the  Time  of  fuch  Ratification,  and  fhall  have  the  ^'"  P"""''*' 
Benefit  and  Advantage  of  the  fole  printing  and  vending  the  faid  Books,  for  the 
Space  of  Five  Years ;  and  alfo,  have  and  receive,  to  his  or  their  own  Ufe,  for 
printing  and  delivering  the  feveral  Books  of  the  faid  Laws,  mentioned  in  the 
above  recited  A61,  fo  revifed  and  compiled,  the  Sum  of  One  Hundred  Pounds, 
Proclamation  Money  -,  and  may  lawfully  take  and  receive  the  Sum  of  Twenty 
Shillings,  Proclamation  Money,  for  each  bound  Book  by  him  or  them  printed 
and  fold,  and  no  more. 

IV,  A^^JS' 


284  LAWS    e/'    North-Carolina. 


A.  D.    1748. 

lr"7T'~^       ^-  ANDbeit  further  Ena£ied,  That  the  faid  Laws  fo  revifed,  compiled, 

be  given  in  Evi.   and  printed,  by  one  or  more  ot  the  CommilTioners  aforcfaid,  and  ratified  by  the 

^"«-  General  Affembly,  as  aforefaid,  fliall  be  allowed  to  be  given  in  Evidence,  and, 

to  ail  Intents  and  Purpofes,  be  as  good  and  vailid  in  Law,  as  tho'  they  had  been 

revifed,  compiled,    and  printed,  by  all  the  CommifTionerSj  or  the  Majority  of 

them  :  And  all  Perfons  are  hereby  prohibited  to  import  or  vend  any  printed  Book 

fonTv&r°ng  a'ny  Or  Boolcs  of  thc  faid  Laws  in  this  Province^  other  than  fuch  Perfon  or  Perfons  as 

UeScV  '^^'"'"'  ^^^^  ^^  authorized  and  impowcred  by  the  CommiiTioner  or  Commifiioners  who 

"""'  aftually  revifed,  compiled,  and  printed  the  fame,  under  the  fame  Penalties,  and 

to  be  recovered  in  the  fime  Manner,  as  is  prefcribed  in  the  Ad  firft  above  re-^ 

cited,  in  Cafe  the  whole  Number  of  Commiffioners,  or  the  Majority  of  them^ 

had  revifed,    compiled,  and  printed  the  faid  Laws  y  any  Law,  or  Claufe  of  a 

Law,  to  the  contrary,  notwithftanding. 

S  I  G  N  E  D  by 

Gabriel  Johnston,  Efqj  Governor, 
Nathaniel  Rice^  Prefident, 
Samuel  Swann,  Speaker.. 


t^i      zxi      -p.      Jir-      sj^      ^ 

'i>     ^    ^-    t'" 


LA   JV  S    of   North-Carolina. 


285      w 


^^   '^^   ni»-   "*•    "J-   -IN   "if-   ->-   -^   '^N   "SN   "-P-   •*-   ^   "ty-   "ij^   -SN   *1N   ^t-    ^^  "!►-   -if-   -tK  -(K  "iKK 

Anno  Regni 

G  E  O  R  G  I  I   IL 

Regis,  Magn^   Britannia,  Francice,  &C 
Hikrmce,  Vieeflimo  Secundi. 


A.  D.    1749' 


At  a  General  ASSEMBLY,  held  at  Ne^ber??,  the  c  a  « « , « t 
Fourteenth  Day  of  ^j^r/V,  in  the  Year  of  our  Lord  One  £%  Glvlr^r; 
Thoufand    Seven  Hundred   and  Forty  Nine. 


CHAP.    L 

Jn  additional  A£f  to  an  A5i,  intituled^  An  A6t,  for  forming  a  Rent- 
Roll  of  all  the  Lands  holden  in  this  Province,  for  quieting  the  In- 
habitants in  their  Poffeffions,  and  for  diredins  the  Payment  of  Ouit- 
Rents.  £>/-<_ 


\A/'  r^i^  .^  ?-^  ^'  ^^1^"  ^^"^r^^i^f  General  AfTembly  of  this  Province,  paf-  Preambi.. 


1.    .,.  , 

,  .  fed  the  Sixtcicnth  Day  of  OSiober,  in  the  Year  of  our  Lord  One  Th^u- 
fand  Seven  Hundred  and  Forty  Eight,  intituled.  An  J£l,  for  forming  a  Rent- 
Roll  cf  all  the  Lands  holden  in  this  Province,  for  quieting  the  Inhabitants  in  their 
Poffcjfions^  and  for  dire^ing  the  Payment  of  ^it-Rents ;  it  is,  among  other 
Things,  Enaaed,  that  the  Qiiit-Rents  hereafter  to  be  paid  for  any  I-ands'already 
granted  within  this  Province,  or  v/hich  have  been  adually  pofTcfled  by  any  Per- 
fon  for  the  Space  of  Twenty  Years  laft  paft,  fhall  be  paid  in  Proclamation  Mo- 
ney, at  the  Coiirt-houfe  in  the  County  where  fuch  Land  Ireth,  of  in  Infpedors 
Notes  tor  Tobacco,  at  One  Penny  Proclamation  Money,  p^r  Pound,  or  Indico,  at 
Four  Shillings,  Proclamation  Money,  per  Pound,  good  and  merchantable,  and 
fuch  as  the  Infpedor  (hall  judge  will  be  intituled  to  the  Bounty  given  by  A<5t  of 
Parliament,  being  well  infpefttd;  after  the  fame  Manner  as  Tobacco  is  to  be  in- 
Ipected  for  Payment  of  Public  Taxes,  if  delivered  at  fuch  Jnfpecting  houfes  as 
are  appointed  by  Law,  where  Boats  or  Pettiaguas  may  conveniently  go  to  receive 
the  (drc\c  ;  sncl  provided,  that  the  Tobacco  to  be  delivered  at  fuch  Houfes,  fhall 
rot  weigh  Jtfs  than  Nine  Hundred  Weight,  Nctt  Tobacco,  in  each  Hogfhead : 
And  wliercas  large  Arrears  of  Qiiit-Rcntar  are  now  become  duc  to  his  Majefty, 

C  4  aiici' 


•^  286  L  A  IV  S    of    North-Carolina, 

w.  D.  1749.    and  to  the  Right  Honourable  the  Earl  of  Granville^  and  no  Provifion  being  mads 
v      ^^^^     _^.  .^^  ^^^  before  recited  Act,  as  a  Fee  to   the  Sherifs  of  each  County  for  executing  a 
Warrant  of  Diftrcfs  on  the  Defaulters  : 


sherifs   Fefs   fir 
Dftrefs  llrQ^il- 


II.  B  E  it  therefore  Enacted^  by  his  Excellency  Gabriel  Johnfton>  Efq;  Cover- 
7ior^  by  and  with  the  Advice  and  Confent  of^  his  Mcjcjiys  Council^  and  General  Af- 
fembly  of  this  Province,  That  from  and  after  thepalfing  of  this  Act,  every  She- 
riff of  any  County  in  this  Province,  or  other  Perfon  who  fhall  be  appointed 
Deputy-Receiver  of  his  Majefty's  C^iit-Rcnts,  or  Collector  and  Receiver  of  the 
Quit-Rents  due  to  Earl  Granviliei  fliall  have  and  receive  the  fame  Fees  for  exe- 
cuting a  Warrant  of  Diftrefs,  as  are  appointed  by  Law  in  Cafes  of  Executions  at 
the  Common  Law  ;  and  Ihall  be  fubject  to  the  fame  Penalties  for  any  Exaction, 
or  receiving  more  than  fuch  Allowances  as  are  in  that  Cafe  made  and  provided. 

Auditor  tstraaf-       HI.  A  N  D  in  ofdcr  to  prcvcnt  any  Miftalccs  that  may  arife,  by  the  Rcceiver- 
Monthr'to  Ihe  General,  or  the  Earl  Granvilk'^  Collector  or  Receiver,  their  not  knowing  whac 
Receiver'-G.^ne-    Lands  arc  transferred  from  one  i'crfon  to  another  within  this  Province,  either  by 
cl'nvfpnc^Vc  Will,  mefne  Conveyance,  or  other  Transfer  •,  Be  it   Enacted,  by  th;  Authority 
oni'-n.  2S. '6d.  aforefdid.  That  the  Deputy-Auditor  for  the  Time  being,  Ihall,  every  Six  Months^ 
fcrCT^ryNegieft.  jj-^j^j^^j^  jq  ^|^g  Receiver-Gcneral  for  the  Time  being,  the  fame  Extrafts  of  all 
fuch  Legacies,  meihe  Conveyances,  or  other  Transfers  of  Land  from  one  Perfoa 
to  another,  as  he  fhall,  from  Time  to  Time,  receive  from  the  Secretary  of  this 
Province,  or  from  the  Regifters  of  each  County  refpeftively,  under  the  Penalty 
of  TvA)  Shillings  and  Six  Pence  Proclamation  Money,  for  each  Extraft  he  fhall 
negled:  lb  to  tranfmit  \  to  be  recovered  as  other  Penalties  are  direded  to  be  reco- 
vered by  the  afore  recited  Acft ;  the  faid  Extradls  to  contain  the  Names  of  all  the 
Parties,  the  Number  of  Acres  of  Land,  where  fcituated,  and  at  what  Quit- Rents 
the  faid  Lands  are  held. 

pjtfoni t« wh«m      ^'  AN  1^  be  it  further  Enacted^  That  after  the  Rcgifter  or  Secretary  fhall, 

lands  are  dcvif-j  35  bcforc  mentioned,  tranfmit  fuch  Lift,  as  aforefaid,  the  Perfon  to  whom  fuch 

thrc^^i^-'rertTs','''  mefne  Conveyance  is  made,  or  to  whon-\  any  fuch  Lands  fhall  bedevifcd  by  Will, 

fliall  (all  Arrears  of  Quit- Rents   being  nrft  paid)  only  be  chargeable  v/ith  the 

Quit-Rents  of  fuch  Land,  and  no  other  Perfon  whatfoever :  Any  Law,  Ufage, 

or  Cuftom,  to  the  contrary,  notwithflanding. 

Kegniation  rf  V".  A  N  D  in  ofdcr  to  prevent  any  Complainti  that  may  arife  by  Miftakc  on 
w.n-ranta  of  D.f-  Warrants  of  Diftrc-fs  to  be  iifucd  againft  Defaulter?,  of  the  exa6t  Sum  which  fhall 
be  due,  and  which,  frorn  the  great  Number  of  Defaulters,  and  the  Length  of 
Time  they  have  been  in  Arrear,  may  probably  happen  ;  Be  it  Enacted,  by  the 
Authority  aforefaid.  That  where  any  Warrant  of  Diftrefs  fhall  be  iftlied  by  the 
Receiver-General,  or  the  Earl  Granville^s  Receiver,  to  be  levitd  on  any  Defaulter,- 
and  the  faid  Defaulter  fhall  think  himfelf  overcharged,  or  that  the  Sum  mention- 
ed in  the  faid  Warrant  is  not  due  to  the  Crown,  or  to  the  Earl  of  Granville  ;  in 
fuch  Cafe  the  faid  Defaulter  fhall,  and  is  hereby  required,  to  produce  his  laft 
Receipt  for  the  Quit-Rents  of  fuch  Lands  as  the  Warrant  fhall  be  ifTued  for,  and 
fliall  be  accountable  only  from  the  Date  of  fuch  laft  Receipt  -,  but  if  fuch  laft 
.  Receipt  fhall  be  loft  of  miflaid,  and  the  Defaulter  fliall  apprehend  he  is  over- 
charged in  the  faid  Warrant,  that  then  fuch  Defaulter  fhall  make  Oath,  before 
any  MagiRrate,  That  fuch  laf^  Receipt  is,  bona  fide,  loft  or  miflaid,  or  otherwife 
not  in  his  Power  to  produce,-  and  he  verily  believes  in  his  "Confcience  he  is  not  in- 
debted to  the  Crown,  or  the  Earl  Granville,  in  the  Sum  mentioned  in  the  War- 
rant :  In  Vv'hich  Cafe,  the  Sheriff  of  the  County  or  other  Deputy  to  whom  the 
Warrant  fliall  be  diredted,  lliall  fcop  all  Proceedings  for  that  Time,  and  make 
Report  thereof  to  the  Receiver-General,  or  the  Earl  GranvilWs  Receiver,  in  or- 
der to  reiftify  the  faid  Millakc  •,  if  any  gthcrwife,  the  faid  Defaulter  fhall  be  ac- 
countable 


L    yl   ^^  ^       of      N  O  RT  H-Ca  R  O  L  I  N  A.  287 


Countable  for  the  whole  Sum  mentionird  in  the  f<iid  Warrant:;  and  the  Sheriff  or  ^  -^    '^-^^ 
other  Deputy  fliall  levy  the  fame  accordingly.  """"^' 

VI.'  PROVIDED,  That  no  Diiirefs  be  made  upon  any  Negro  or  Negroes,  ^^ p.^^,.  ,^ ^^ 
Ox,  or  Oxen,  Horfe,  or  Horfes  of  the  Plough,  nor  any   neceiiary  Utenliis  for  made   c;.  n.- 
Hu'rbandry,  where  othrr  fufdcienc  Diiirefs  is  produced  ;  and  that  all  Dillrtfies  2'"*''  *"■ 
made  in  Virtue  of  thii  Acf,  fhail  be  iafely   kept  by  the  Sherift  or  other  Perfon 
making  the  fame,  until  the  Second  Day  of  the  nexr  fubfequent  Court  of  the 
County  where  fuch  Diftref',  fliall  be  made,  arid  fliall  then  be  fold  for  Gold,  Silver, 
Bills,  or  Infpeftors  Notes  for  Tobacco,  and  Indico,  by  the  faid  Sheriff,  or  other 
Perfon  making  fuch  Dillrefsi  as  aforefiid,  (except  redeemed  before  that  Time  by 
the  Perfon  from  whom  taken)  at  Public  Vendue,  to  the   higheft  Bidder  ;  the 
Surplus  of  fuch  Diiirefs,  if  any,  after  the  Quit-Rent  and  Officers  Fees  deducted, 
fhall  be  returned  to  the  Pcrlbn  from  whom  fuch  Diilreis  fhall  be  taken. 

Vir.  AND  whereas,'  in  the  before  recited  Act  no  Allowance  is  made  to  any  Aiicwsnce  for . 
Perfon  or  Perlbns  for  the  Hogfhead  in  v/hich  any  Tobacco  may  be  paid  for  fluids."  '^* 
'Quit-Rent"^,  agreeable  to  the  faid  A.ct ;  Be  it  EnaSIed,  by  the  Authorhy  afcrcfaid, 
Th:it  all  and  every  Perfon  and  Perfons,  who  lliall  pay  Tobacco  in  Hogfneads 
agreeable  to  the  faid  Act,  fF.all  be  allowed  Three  Shillings  Proclamation  Money, 
for  each  Hogihead,  in  which  ihali  be  contained  Nine  Hundred  Pounds  of  Netc 
Tobacco.  *  " 


CHAP.     11, 

:/bi  Aci^  for  the   Relief  of  poor-  Jjcbtors^    as  to    the  Imprifonment    of 

their  Perfons. 

rr.  TT)  B  E  it  EnaSfed^  ly  his  Excellency  the  Governcr^  Cgwjcu,  and  General  Jf-  Prifonm  fct 
■  J3  fi^^^b  of  this  Province^  That  if  any  Handicraft  Tradeiman,  or  any  other  fhemfeWeT'not 
Perfon  whatfoever,  fnall  be  in  Prifon  within  this  Province,  on  mefne  ProcefTes,  *o«h  40s.  to 
or  Execution,  for  any  Debt  above  Forty  Shillings  Proclamation    Money,  and 
hath  no  vifible  Eftate,  Real  or  Perfonal,  and  ihall  make  Oath,  before  the  Court 
cf  the  County  where  he  is  in  Prifon,  or  in  the  Vacation,  before  fome  Two  Juf- 
tices  of  the  Peace  for  that  County,  being  both  prefent  togetlier,  the  Creditor  or 
Creditors  at  whofe  Suit  he  is  conRned  being  firft  perfonally  fummoned  to  appear 
n  the  fame  Time,  That  he  hath  riot  the  Worth  of  Forty  Shillings  Sterling  Mo- 
ney, in  any  worldly  Subflance,  either  in  Debts  owing  to  Mm,  or  otherv/ife  how- 
focver,  over  and  befides  his  wearing  Apparel,  working  Tools,  and  Arms  for 
Muflrer  j  and  that  he  has  not,  at  any  Time  fince  his  Imprilbnment,  or  before, 
direftly,  or  indireclly,  fold,    affigndj  or  otherwife  difpoied  of,  or  made  over, 
in  Trull   for  himfelf,-  or  otherwife,  any  Part  of  his  Real  or  Perfonal  Eftate, 
whereby  to  have  or  exJDcd  any  Benefit  or  Profit  to  himfelf,  or  to  defraud  any  of 
his  Creditors  to  V/hom  he  is  indebted  ;  and  if  there  be  no  Perfon  prcient  that  can 
prove  the  contrary,  then  fuch  Perfon,  by  fuch  Court  or  Juftices,  without  Form 
of  Trial,  fliall  immediately  be  fet  at  Liberty,  and  Ihall  ftand  for  ever  difcharged 
of  all  fuch  Debts  fo  fued  for,  and  all  Cofts  of  Suit :  But  in  Cafe  fuch  Perfon  fliall 
afterwards  be  difcovered  to  iiave  fworn  falfly,  he  fhall  be  indicted  for  Perjury  5, 
and  if  convifted,  fliuU  lofe  both  his  Ears  in  the  Pillory,  and  be  liable  to  fatisfy  the 
Debt  and  Damages. 

II.  ANt)  he  it  further  Ena5hd,  That  the  Juflices  of  the  Peace,  when  the  /hf^^.^o^diS 
Proceedings  are  before  them  out  of  Court,  fliall-  put  the  fame  in  W^riting,  under  oat  of  c«u.i  «i 

their 


2b8  LA   JV   S     of    North-Carolina. 

^.  D.   1749.  j-[^gij.  Hands,  and   return  the  lame  into  the  Court  from   whence  the  Execution 

\ — ..^ J  ilTued,  there  to  be  kept  on  Record,  under  the  Penalty  of  Five  Pounds  Procla- 

makeReturn  to  matlon  Moncy,  for  each  Juftice,  for  fijch  his  Omifrion  or  Negledj  to  be  paid  to 

Court,  on  Pen.  j-|^g  Peffon  injurcd,  bv  Order  of  the  fuid  Court. 

p<;rf>jns  in  Exe-       jjl.  j4  ]S' D  he  it  fuTther  Ena^icd^  That  if  any  Perfon^  charged  in  Execution 
Titur^up  Ihcir  Rf"  for  any  Sum  in  any   Prifon,  within  this  Province,  fhall  be   minded  to  deliver 
fefls,  by  I'stiti-  ^jp  all  his  Effeds  to  His  or  her  Creditors,  it  (hall  be  lawful  for  fuch  Prifoner  to 
on  to   ourt.        r>itkx  a  Petition  to  the  Court  from  whence  the  Procefs  ifiued,  fetting  forth  the 
Caufe  of  Imprifonment ;  and  an  exa<fl  Account  of  his  or  her  Eftate*  and  all  Cir- 
cumftances  relating  thereto ;  and  on  fuch  Petition,  the  Court  fhall  order  the  Pri- 
foner to  be  brought,    and  the  Creditors,    at  whofe  Suit  he  is  charged,  to    be 
fummoned  •,  and  on  the  Day  of  Appearance  if  any  of  the  Creditors  negledt  to 
appear,  on    Proof  made  of   the  due  Service  of  the  Court's  Order,  the  Court 
{hail  proceed  to  examine  the  Matter  of  the  Petition  in  a  fummary  Way,  and 
Ihall  tender  to  fuch  Pcrfon  an  Oath,  to  the  EfFcfl  following  ; 

Oath  to  b?  taken  T  A.  B.  do  foUmnly  fwear,  in  the  Prefence  of  Almighty  Gcd^  'That  the  Account 
by  the  D.btyr.  J^  by  me  delivered,  wiih  my  Petttioui  into  this  Court,  doth  contain  a  full  and  true 
Acount  of  all  my  Real  and  Perfonal  EflatCy  Debts,  'Credits,  and  Effects  whatfoe- 
ver,  which  I,  or  any  in  'Trujl  for  me^  have^  or  at  the  Time  of  my  faid  Petition 
had,  or  hew  cajt,  cr  then  was,  in  any  Refpect,  intituled  tc,  either  in  Poffejfion, 
Remainder^  or  Reverficn^  (except  my  ivsanng  jipparcl  for  myfelf  and  Family,  and 
■  the  'Tools  or  hfiruraents  for  my  Trade,  and  Arms  for  Mufier ; )  and  that  I  have 
not,  at  any  Time  fince  my  tmprifonment,  or  before^  directly  cr  indirectly,  fold^ 
aliened,  affigned,  or  olherwife  difpofed  of,  or  made  over,  in  Trufi  for  myfelf\  or 
otherwife,  other  than  is  mentioned  in  fuch  Account,  any  Part  of  my  Lands,  E- 
Jiate,  Goods,  Stock,  Money,  Debts,  or  other  Real  or  Perfonal  Efiate,  whereby  to 
have  or  expect  any  Benefit  or  Profit  to  myfelf,  cr  to  defraud  any  of  my  Creditors  ta 
whom  lam  indebled.  So  help  me  God. 

IV.  A^D  be  it  further  Enacted,  That  if  fuch  Pcrfon  take  fuch  Oath,  and 
tr'after'fuS  thc  Creditor  be  Citisfied  with  the  Truth  thereof,  the  Court  may  order  the  Effcfts 
Surrender,  ami  contained  in  fuch  Account,  or  fo  much  as  may  be  fufficicnt  to  latsfy  the  Debts 
A)ath  taken.  ^^^  ^^^^  ^^^  ^^  the  Goaler,  to  be,  by  an  Indorfinerit  on  the  Back  of  the  Petiti- 
on, figned  by  the  Prifoner,  affigncd  to  the  Creditor  or  Creditors j  or  to  one  or  more 
of  them,  in  Truft  for  the  reft  j  and  by  fuch  Aflignment,  the  Eftate  and  Proper- 
ty of  the  Lands,  Goods,  Debts,  and  Effedts,  fliall  be  veiled  in  fuch  Creditor  or 
Creditors,  in  Truft,  as  aforefaid,  arid  the  Prifoner  fhall  be  difcharged  out  of 
Cuftody,  by  Order  of  the  Court,  without  Fee,  and  the  Perfon  or  Perfons  to 
whom  the  Effefts  (hall  be  afTign'd,  paying  the  Fees  to  the  Goaler,  fhall  divide 
the  Effcfts,  in  Proportion  to  their  Debts :  But  if  the  Peffon  or  Perfons  at  whofe 
Suit  the  Prifoner  is  in  Execution,  fhall  defire  Time  to  inform  him,  her,  or  them- 
felves,  the  Court  (hall  remand  the  Prifoner.i  and  direft  him,  and  the  Pcrfon  or 
Perfons  diffatisfied,  to  appear,  at  a  Day,  in  the  next  fucceeding  Court;  and  if  at 
fuch  Day  the  Creditor  or  Creditors  make  Default,  or  if  he,  fhe,  or  they,  be  un- 
able to  make  Difcovcry  of  any  EfFcfts  of  the  Prifoner  omitted  in  his  Petition,  or 
to  (lieW  any  Probability  of  his  having  being  forfworn,  the  Court  fliall  caufe  the 
Prifoner  to  be  difcharged,  unlefs  fuch  Creditor  or  Creditors,  on  his  being  detain- 
edi  agrecj  by  Writing,  to  pay  the  Prifoner  Ten  Shillings  Proclamation  Money, 
by  the  Week,  to  be  paid  Weekly,  fo  long  as  he  or  fhe  fliall  continue  in  Prifon  at 
bis,  her,  or  their  Suit  •,  and  on  Failure  of  Payment,  the  Prifoner  fliall,  on  Ap- 
plication made  to  the  Court,  be  difcharged  by  Order :  And  in  Cafe  the  Prifoner 
Ihall  refufe  to  take  the  Oath,  or  fliall  be  deteded  of  Falfity  therein,  he  fliall  b« 
rertianded. 

V.  AND 


L  A  IV  S    of    North-Carolina.  289 

A.  D.    1749- 

V.  AND  be  it  further  Ena^ed,    That  the  Perfon  of  every  Debtor  (o  dif-  *^ "^ * 

charged,  fhall,  never  after,  be  arreited  for  the  fame  Debt ;  but  the  Judgment  ^aT A^xll'Tt 
fhal]  remain  in  Force,  and  Execution    may  be  taken  out  againfl;  his  Lands  or  ^"''^  ^''"^• 
Goods,  (his  wearing  Apparel  for  himfelf  and  Family,  Tools  tor  his  ^rade,  and 
Arms  for  Mufter,  excepted.). 


eomniiC* 


VI.  AND  be  it  further  Ene^ed,  That  if  any  Perfon  who  Ihall  take  fuch  Debtor 
Oath,  Ihall,  upon  Indictment  of  Perjury,  be  convidted  thereon,  he  fhall  fuffer  (.'"wl^Vhc gf 
all  Pains  of  wilful  Perjury,  and  fliall  be  liable  to  be  taken  on  a  new  Procefs  j  and  neSt  T/thuAia^ 
Ihall,  never  after,  have  the  Benefit  of  this  Ait. 

VII.  AND  be  it  further  Enacted,  That  if  the  Effeds  afligned  fhall  not  Kifea, ,„t  fuft. 
cxtend  to  fatisfy  the  whole  Debts  due  to  the  Perfon  or  Perfons  at  whofe  Suit  fuch  "'"^'  C'^<^<i*f°'« 
Prifoner  was  charged,  and  the  Fees,  there  fhall  be  an  Abatement  in  Proportion  j  ^rSn!  '"  ^"" 
and  the  Goaler  fhall  come  in,  as  a  Creditor,  for  his  ¥tts. 

VIII.  AND  be  it  fmher  Enacted,  That  no  Perfon,  charged  in  Execution,  Pet;t;o„   ,^  y,^ 
fhall  be  allowed  ro  petition  by  Virtue  of  this  Ad,  unlefs  fuch  Prifoner  do  exhi-  "'"''^«'<i  wuhia 
bit  his  Petition  to  the  Court  from  whence  the  Execution  ifTued,    within  Six  ^^^""'^'• 
Months  after  fuch  Perfon  fhall  be  fo  charged  in  Execution. 

IX.  AND  he  it  further  Enacted,  That  where  by  this  Aft  an  Oath  is  required,  Qn,ker-s  Affir- 
the  folemn  Affirmation  of  a  ,^^^^r  fhall  betaken,  in  Lieu  thereof;  and  every  si-"!*'"  aJiwtd. 
Perfon  convided  of  wilful  and  falfe  affirming,  fhall  fuffer  the  like '  Penalties  as 

for  v/ilful  and  corrupt  Perjury. 


CHAP.     III. 

An  A5i,for  the  Encouragement  o/"  James  Davis,  to  Jet  up,  and  carry 
on,  his  Buftnefs  of  a  Printer^  in  this  Province-^  and  for  other  Purpofes 
therein  mentioned. 

^'  \Kl  ?  P^^^  '^  "^^^  ^^  Enadled,  And  be  it  Ena^d,  by  his  Excellency  Ga- 
^_  VV  ,  bnel  Johnfton,  £/y;  Governor,  by  and  with  the  Advice  and  Confent  ^/ P""'^'*  5»'«5l 
tts  Majejifs  Council,  and  the  General  Affemhly  of  this  Province,  and  by  the  Au- 
thority of  the  fame.  That  the  faid  James  Davis  fliall  be  allowed  and  paid  by  the 
Public,  the  Yearly  Salary  of  One  Hundred  and  Sixty  Pounds  Proclamation  Mo- 
jcy,  for  the  V/ork  and  Services  hereafter  mentioned,  to  be  done  and  performed 
by  him  for  the  Public ;  and  that  the  faid  Salary  fhall  begin  and  commence  from 
Iiich  Time  as  the  faid  Jamis  Davis  fhall  have  fet  up  his  Prefs  at  Newbern,  in  this 
Province,  and  be  ready  to  proceed  on  his  Bufinefs  of  Printing ;  and  fhall  continue 
for  the  Space  of  Five  Years,  provided  the  faid  James  Davis  {^A\  io  lone  live, 
and  perform  the  faid  Services.  ° 

r";  i^A^c  \'  '"'  •^"■^f''"  ^•'^''''^'  "^^^^  '^'^  ^^'^  ^'^^-^  ^<^''^  in  Con/idcration 
of  the  faid  Salary,  fhall,  and  he  is  hereby  required  and  direded,  to  refide  in  Sit*  ^ 
iV^^.r«  aforefaid,  and  to  print,  with  the  fame  Type  or  Letter  with  which  hi» 
1  ttition,  now  laid  before  this  Houfe,  is  printed  on,  at  every  SefTions  of  AfTem- 
bly  in  thi.3  Province,  the  Speeches  and  Addrefles  at  the  Opening  of  each  SefTion  • 
alio  the  journals  and  Proceedings  of  the  Houfe  of  Burgeffes  ;  and  deliver  Copies 
thereof  to  each  JMember  who  fhall  attend  at  fuch  Sefllon  ;  and  fhall  alfo.  as  foon 
«  tlie  lame  can  or  may  ba  done,  grint  all  fuch  Laws  as  fJjaU  be  pafTed  at  each 

.^  .4'  Seflionsi^ 


290  L  A  PV  S     of    North-Carolina. 

A.  D.  1749.  Seffions,  and  fhall  tranfmit  one  Copy  of  them  to  his  Excellency  the  Governor^ 
"*^"  and  one  to  each  Mennber  of  his  Majelly's  Honourable  Council,  and  alfo  one  Copy 
to  each  Member  of  the  General  Aliembly  in  the  feveral  Counties  in  this  Province; 
one  Copy  to  each  of  the  Clerks  of  the  Houfes  of  AlTembly,  for  the  Ule  of  the  faid 
Aflembly  •,  one  Copy  to  the  Clerk,  of  the  General  Courts  for  the  Ufe  of  the  faid 
Court ;  one  Copy  to  the  Clerk  of  each  rcfpedtive  County  Court  in  this  Province, 
for  the  Ufe  of  luch  Court;  and  alfo  one  Copy  to  each  and  every  Jufdce  of  the 
feveral  Counties  within  this  Province,  not  exceeding  Twelve  Copies  to  be  fent  to 
the  faid  Juftices  of  any  one  County  ;  and  fupply  fuch  Copies  of  the  faid  Journals 
and  Laws  as  fliall  or  may  be  neceifary,  to  be  tranfmitted  from  this  Province  to 
the  Board  or  Offices  in  England,  as  ufual  •,  and  alfo,  fhall  print,  and  tranfmit  to 
the  proper  Places,  the  Public  Proclamations,  and  all  other  Ad:s  of  Government. 

cierkj  to  deliver  HI,  A N B  hc  it  furtheT  EnaHcd,  hy  the  Author'- ty  afcrefaid.  That  the  Clerks 
H"r.*on  p'n,  of  the  Council,  and  of  the  General  AlTembly,  for  the  Time  being,  the  Secretary 
r»f  a.51',  of  the  Province  lor  the  Time  being,  and  all  other  Officers  within  this  Province, 

fliall,  and  they  are  hereby  required,  to  deliver  to  the  faid  James  Davis,  exami- 
ned and  attefted  Copies  of  all  fuch  Speechts,  Journals,  Laws,  Proclamations,-  and 
all  A(5ls  of  Government,  in  their  rcfpc(5live  Offices,  which  are  herein  before  di- 
redted  to  be  printed,  at  fuch  Time  or  Times  as  the  fame  {hall  be  demanded  of 
them  by  the  faid  James  Davis ;  and  that  if  any  of  the  faid  Officers  fhall  negle(5b 
or  refufe  fo  to  do,  he  fhall  forfeit  and  pay  the  Sum  of  Twenty  Five  Pounds  Pro- 
clamation Money,  to  him  or  thtm  who  will  fue  for  the  fame  :  "Which  fhall  and 
may  be  recovered  in  any  Court  of  Record  in  this  Province,  by  Adion  of  Debt, 
Bill,  Plaint,  or  Information  \  wherein  no  Protedion,  lnjun<5lion,  or  Wager  of 
Law,  fliall  be  allowed  or  admitted  of. 

•iSceri  Allow "  JV.  A  N  D  he  it  further  Enacted,  That  the  feveral  Officers  fhall  be  paid  by  the 
*uce  far  Copies,    p^jj^jj^^  f^^  ^\\  fu(_-ii  Copics  as  they  are  hereby  required  to  make  out  and  deliver 

to  the  faid  James  Davis,  the  fame  Fees  and  Allowances  as  by  Law  or  Ufage  they 

have  a  Right  to  for  fuch  Services. 

rax  laid  to  ,.»y  V.  A  N  D  for  the  Payment  of  the  Salary  herein  before  mentioned  to  the  faid 
theSshry,  &c.  j^jjj^^  Davts,  End  the  Fees  and  AliOwances  to  the  feveral  Officers,  for  fuch  Co- 
pies as  they  are  by  this  A€t  required  to  I'nake  out,  and  dehver  to  the  faid  James 
Davis;  Be  it  Enacted,  by  the  Authority  aforcfaid.  That  a  Tax  of  Four  Pence, 
Proclamation  Money,  be,  and  is  ht  reby  hid,  for  the  Space  and  Term  of  Five 
Years,  and  no  longer,  on  each  and  every  taxable  Perfon  "V^ithirj  this  Province, 
and  paid  as  the  County  and  Parifh  Taxes  are  paid  ;  and  fliall  commence  imme- 
diately after  the  Ratification  of  this  Ad  :  And  fliall  be  colle6ted  and  accounted 
for,  by  the  feveral  Sherifs  of  the  refpcdive  Counties  within  the  fame,  in  the  fame 
Manner,  and  under  the  fame  Penalties,  as  by  the  Laws  now  in  Force  they  are  to 
collect  and  account  for  the  Public  Tax. 

Garpiutappropri-  VL  AND  he  it  further  Enacted,  That  if  any  Surplus  of  the  Monies' arifing 
'"''•  by  Virtue  of  this  Aft  fliall  rtmain,  after  Payment  of  the  faid  Salary  to  the  faid 

James  Davis,  and  the  Fees  and  Allowances  to  the  feveral  Officers,  for  the  Copies 
that  fhall  by  them  be  delivered  to  the  faid  James  Davis,  by  Virtue  of  this  Aft, 
the  fanie  fliall  be  applied,  by  the  General  Affembly,  for  and  towards  difcharging 
the  Public  Debts  of  this  Province. 

VIL  AND  he  it  further  Enacted,  by  the  Authority  afore  faid.    That  if  any 

fonf  pL*i»g  tr  Perfon  or  Perfons  fliall  print,  fell,  or  offer  to  Sale  in  this  Province,  within  the 

falling  the  L^ws  Term  of  Five  Years  aforefaid,  any  of  the  Journals  or  Laws  aforefaid,  other  than 

*ncf  '*"*  *'"'"  fuch  as  fliall  be  printed  by  the  faid  James  Davis,  without  the  Licence  of  the 

faid  James  Davis  ;  fuch  Perfon  or  Perfons  fliall  forfeit  and  pay,  to  the  faid  James 

Dawy  the  Sum  of  Five  Pounds,  Proclamation  Money,    for  each  and  every 

Journal 


L,    A     IV    &      (?/'     N  O  R  T  H  -   C  A  R  O  L  I  N  A.  29 1 


Journal  or  Law  ot  any  SefTions  fo  printed,    fold,  or  offered  to  Sale,  contrary    ^-  ^-  '749- 

to  ■  the  true  Intent  and  Meaning  of  this  Ad  j  to  be  recovered  in  the  fame  Man-  *^ '^ *■ 

ner  as  the  Penalty  firll  above  mentioned  in  this  Act, 

YIU.  ANDbe  it  further  Enabled,  That  all  the  faid  Laws  that  (hall  be  prin-  Primea  uw,  to 
ted  by  the  faid  James  Davis^  by  Virtue  of  this  Acl,  Ihall  be  allowed  to  be  aiven  •"  ^i^^"^  ^"Evi- 
in  Evidence  in  all  or    any  of  the  Courts  of  Judicature  in  this  Province,"^  and  ^'""' 
before  any  Magiftrate  or  Magiflrates,  in  any  Matter  or  Controverfy  dependincr 
before  them.  "^         ° 


CHAP.     IV. 

An  Acl,  dircBlng  the  Method  for    cutting  or  docking  Intails  of  fmall 

EJlates, 

I-  T  "I  r  H  E  R  E  A  S  divers  Perfons  are  feized  of  fmall  and  inconfiderable  Preamble, 

VV  Pie.csof  Land,  in  Tail,  often  ignorantly,  without  Defign,  devifed, 
in  Taii,^  by  their  Anceftors  -,  and  the  IMethod  of  defeating  fuch  Eftates  in  Fee- 
Tail,  Gen  ral  or  Spjci^;],  witliin  this  Province,  by  Ad  of  General  AlTembly,  in 
fuch  particular  Caff  to  be  made  and  provided,  is  found  too  expenfive  for  poor 
People,  feiz.d  of  fuch  Land,  to  go  through  with  ;  and  therefore,  the  Docking 
Intails  by  fome  eafi.r  Method  will  be  a  great  Relief  to  fuch  poor  People  and  their 
Families,  whereby  they  would  be  enabled  to  purchafe  other  more  improveable 
Lands  and  Slaves : 

II.  WEI  EREFO  RE  we  humbly  pray  your  moft  Sacred  Majefty  that  it  M«hod.fd«ss-^ 
may  be  Enacled,  And  be  it  Enacted^  by  his  Excellency  the  Governor^  Council  and  '"^  ^""^'' 
General  Affcmbly  of  this  Province,  That  it  fhall  and  may  be  lawful  for  any  Per- 
ion  or  Perfons,  feized,  in  Fee-Tail,  General  or  Special,  of,  or  in,  any  Lands  or 
Tenements  within  this  Province,  not  exceeding  the  Value  of  Fifty  Pounds 
Sterling  Momy^  and  not  being  Parcel  of,  or  contiguous  to,  other  intailed  Lands 
of  the  fame  Parties,  to  fue  out  a  Writ,  from  the  Secretary's  Office,  in  the  Na- 
ture of  an  Ad  quod  Damnum,  direded  to  the  Sheriff  of  the  County  where  fuch 
intailed  Lands  lie,  commanding  him  to  enquire,  by  good  and  lawful  Men  of  his 
County,  of  the  Value  of  fuch  Lands,  and  whether  they  be  Parcel  of,  or  con- 
tiguous to,  other  intailed  Lands  of  the  fame  Party,  as  aforefaid  ;  and  fuch  She- 
ritf  fhall  return  his  Inquifition  to  the  faid  Office :  And  if  the  faid  Lands  fhall  be 
found  not  to  exceed  the  Value  aforefaid,  and  to  be  a  feparate  Parcel,  as  aforefaid, 
then  a  Deed  of  Bargain  and  Sale,  reciting  the  Title  and  fuch  Inquifition,  (where- 
in a  valuable  Confideration  fhall  be  expreffed,  and,  bona  fide,  paid)  acknow- 
ledged by  the  Party,  or  proved  by  Two  Witneffes,  before  the  Chief  Juftce,  or 
any  of  the  afTociatc  Judges,  or  in  the  Court  of  the  County  where  fuch  Lands 
may  he,  within  Six  Months  after  the  Date  thereof,  and  regillred,  within  Twelve 
Months,  in  the  County  where  fuch  Lands  lie,  fhall  be  fufficicnt  in  Law  to  pafs 
the  Fee-Simple  Eftate  of  fuch  Lands  to  the  Purchafer  or  Purchafcrs  thereof;  and 
the  Right  of  the  IfTue  of  the  Vender,  and  all  other  Perfons  in  Remainder  or  Re- 
verfion,  fhall  pe  barred,  in  the  fame  Manner  as  the  fame  Eftate  might  be  barred ' 
by  Fine  and  Recovery,  according  to  the  Laws  of  England. 

SIGNED  by 

Gabriel  Johnston,  Efq;  Governor. 
Nathaniel  Rice,  Prefident, 
Samuel  Swann,  Speaker,' 


L  A  Jf^  S    of    North-  Carolina. 


bt:1^jc±)^tir:t-,rt>^tv.lhc.tidbdbc^bcti*c:^t:yJ^ri^^^ 


'im_ 


293 


A.  D.    1749. 
V ^ 


Anno  Regni 

G  E  O  R  G  I  I   II, 

Regis,  Magnd^   Britannia,  Francice,  &C 
Hiberni^y  Viceflimo  Tertio. 


At    a  General   ASSEMBLY,   held    at  Newhem^    the  g  a  « « j  ez. 

r    ^y  r-f    1  •  1  -XT-  r  T  t    /">  Johnston, 

Sixteenth  Day  of  October^  in  the  Year  01  our  Lord  One  ^hi  Governor, 
Thoufand    Seven  Hundred   and  Forty  Nine. 


CHAP.    L 

An  ABy  to  put  in  Force  in  this  Province,  the  fever  al  Statutes  of  the  King- 
dom of  England,  or  South-Britain,  therein  particularly  mentioned. 

I.  TTTHEREAS  many  of  the  Statute  Laws  of  the  Kingdom  of  England^  Preamble. 

VV  or  South-Britain,  by  Reafon  of  the  different  Way  of.  Agriculture,  and 
the  different  Produdtions  of  the  Earth  of  this  Province,  from  that  of  Englandy 
are  altogether  ufelefs,  and  many  others,  which  otherwife  are  very  apt  and  good, 
either  by  Reafon  of  their  Limitation  to  particular  Places,  or  becaufe  in  themfelves 
they  are  only  executive  by  fuch  nominal  Officers  as  are  not  in,  nor  fuitable  for 
the  Conftitution  of  this  Government,  arc  thereby  become  impradicable  here  : 

U.  B  E  it  therefore  Enacced,  by  his  Excellency  Gabriel  Johnfton,  Efy-y  Cover-  statutjs  enforce*' 
nor,  by  and  with  the'  Advice  and  Confent  of  his  Majefiy's  Council,  and  General  Aj-  ''"'=• 
fembly  of  this  Province,  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fame. 
That  th^  feveral  Statutes,  artd  the  feveral  Paragraphs  or  Sedftions  of  <he  feveral 
Statutes  of  the  Kingdom  of  England,  intituled  as  foUoweth,  and  made  and  en- 
afted  in  fuch  Years  of  die  Reigns  of  the  Kings  and  Queens  of  England  as  before 
the  Titles  of  the  feveral  Statutes^,'  as  in  this  Ad  fet  down,  are,  and  are  hereby  to 
be  in  as  full  Force,  Power,  and  Virtue,  as  if  the  fame  had  been  fpecially  En- 
afted  and  made  for  this  Province,  or  as  if  the  fame  had  been  made  and  Enacted 
therein,  by  any  General  Aflembly  thereof:  That  is  to  fay ;' 


E4 


MAG" 


294 


LA   IV   S     of    North-Carolina. 


^.   D. 


1749- 


9  Henry  III.  Chap. 


MAGNA  CHART  A. 

I     An  A£t,  for  Confirmation  of  Liberties. 

8     How  Sureties  fliall  be  charged  to  the  King. 
14     How  Men  of  all  Sorts  fliall  be  amerced,  and  by  whom.' 
18     The  King's  Debtor  dying,  the  King  ftiall  be  firft  paid. 

28  Wager  of  Law  fliall  not  be,  without  Witnefs. 

29  None  fliall  be  condemned  without  Tryal :  Jufl:ice  fhali 

not  be  fold  or  deferred. 
34    In  what  only  Cafe  a  Woman  fliall  have  an  Appeal  of 
Death. 


to  Henry  III.  Chap,    i 

2 

9 


MERrON. 
A  Woman  fliall  recover  Damages  in  a  Writ  of  Dower. 
Widovvs  may  bequeath  the  Crofs  of  their  Lands. 
He  is  a  Baftard  that  is  born  before  the  Marriage  of  his 
Parents. 


MARLBRIDGE. 

fi2  Hen.  III.   Chap.  4    A  Difl:refs  fliall  not  be  drawn  out  of  the  County,  and 

it  fliall  be  reafonable. 
5     What  Kind  of  Manflaughter  fliall  be  adjudged  Murder. 
1 7     The  Authority  and  Duty  of  Guardians  in  Socage. 
23     A  Remedy  againfl:  Accomptants.     Farmers  fliall  make 
no  Wafte. 


3  Edward  I.  Chap. 


3 
4 
6 

12 

14 

23 
25 

29 


WESTMINSTER,  the  Firfl:. 

No  Penalty  for  an  Efcape,  before  it  be  adjudged. 
What  fliall  be  adjudged  Wreck  of  the  Sea,  and  what  not. 
Amerciaments  Ihall  be  reafonable,  and  according  to  the 

Offence. 
The  Punifliment  of  Felons  refufing  lawful  Tryals. 
Appeal  againfl  the  Principal,  and  AccefTory. 
None  fhall  be  diftrained  for  a  Debt  he  oweth  not. 
None  fhall  commit  Champerty,    to  have  Part  of  the 

Thing  in  Queftion. 
Penalty  on  a  Serjeant  or  Pleader,  committing  Deceit. 


GLOUCESTER. 

6  Edward  L  Chap.  9    One  Perfon  killing  another  in  his  Own  Defence,  or  by 

Misfortune,  an  Appeal  of  Murder. 


S3     Ed,     L    Chap,  i 


II 


12 


J9 

34 


WESTMINSTER,  the  Second. 

In  Gifts  in  Tail,  the  Donor's  Will  fhall  be  obferved. 
The  Form  of  a  Formedon. 

The  Mafl:ers  Remedy  againfl  their  Servants,  and  other 
Accomptants. 

The  Appellant  being  acquitted,  the  Appellor  and  Abet- 
tors fliall  be  punifhed  :  There  fliall  be  no  Effoign  for 
the  Appellor. 

The  Ordinary  chargeable,  to  pay  Debts,  as  Executors. 

It  is  Felony  to  commit  a  Rape;  a  married  Woman 
with  an  Advoututr. 


37    No 


L  A  IV  S    of    North-Carolina.  295: 


37     No  Diilrcfs  ihall  be  taken,  but  by  Bailifs,  known  and    ^- -^    >749 
fworn,  ' v^-r 

40     A  Woman's  Suit  fliall  not  be  deferred  by  the  Minority 
of  the  Heir. 

^,,,/  ARriCULI   SUPER    CHARTJS. 

ii  Ed.     I.    Chap.   10     The  Remedy  againft  Confpirators,  falfe  Informers,  and 

Embracers  of  Juries. 

1 1  Nothing  fhall  be  taken  to  maintain  any  Matter  in  Suit. 

1 2  What  Diflrefs  (hall  be  taken  for  the  King's  Debt,  and 

how  it  ihall  be  ufed. 
16     What  fnall  be  done  with  them  that  make  falfe  Return 
of  Writs. 

S  T  A  T  U  T  E  the  Second. 
^3     Ed.     I.  Who  be  Confpirators,  and  who  be  Champartors. 

S  T  A  T  U  t  E  the  Third. 
The  Punilhment  of  fuch  as  commit  Champarty. 

S  t  A  T  U  T  E  the  Fourth. 

^4     Ed.     L    Chap.  I     The  King,  or  his  Heirs,  fhall  have  no  Tallage  or  Aidj 

without  Confent  of  Parliament. 
4    All  Laws,  Liberties,  and  Cuftoms,  confirmed. 

S  T  A  T  U  T  E  the  Second. 

r     Ed.      IT.  In  what  Cafe  it  is  Felony  to  break  Prifon,  and  what  not,' 

I      Ed.     III.  Chap.  7     Inquiry  fhall  be  made  of  Coalers,    which  by  Durcfsg 

compel  Prifoners  to  appeal. 

6  Juftices  fhall  have  Authority  to  punifh  Breakers  of  the 

Peace. 

8  No  Commands  under  the  King's  Seal  fhall  diflurb  or 

delay  Juflice. 
4    Ed.     III.  Chap.  2     The  Authority  of    Juflices  of   AfTize,  Goal  Delivery,' 

and  of  the  Peace. 

7  Executors  fhall  have  Aiftion  of  Trefpafs   for  a  Wrong 

done  to  their  Teflator. 

9  Sherifs,  Bailifs  of  Hundreds,  and  Efcheator,  fhall  have 

fiifHcient  in  the  County. 
10     Sherifs  and  Goalers  fhall  receive  Offenders  without  any 

Thing  taken, 
n     Juflices  of  AfTjze,  &c.    fhall  enquire  of  Maintainers, 

Confpirators,  and  Champartors. 
5    Ed.     III.  Chap.  9    None  fhall  be  attached,  or  forejudged,  contrary  to  the 

Great  Charter,  or  the  Law. 

10  The  Punifliment  of  a  Juror  that  is  ambidexter,  and 

taketh  Money. 

1 1  Procefs  againft  thofc  that  be  appealed,  indided,  or  out- 

lawed, in  one  County,  and  remain  in  another. 
14    Night  Walkers,  and  fufpectcd  Perfons,  ihall  be  fafely 
kept. 

to Chap.     2     Pardons  fhall  not  be  granted  contrary  to  the  Statute  of  2 

Ed.  3,    Chap.  2. 

%Q  ,   Chap.    4    None  fhall  maintain  any  Quarrels  but  their  own. 

6     Juflices 


-Mt> 


296  LAWS    of    North-Carolina. 

■^-  ^-  '749.  6     Juftices  of  Afllze  fliall  enquire  of,  and  punifh  the  Mif- 

...^„  demeanors  of  Officers,  and  other  Offenders. 

S  T  A  T  U  T  E  the  Fifth. 

25  Ed.  III.    Chap.     2     A  Declaration  which  Offences  fliall  be  adjudged  Treafon.' 

3     No  Indidlor  Ihall  be  put  upon  the  Ihqueft  of  the  Party 
indifted. 
'"  ■  4     None  fhall  be  condemned  upon  Suggeftion,    without 

lawful  Prefentment. 
5     Executors  of  Executors  fhall    have    the    Benefit    and 
Charge  of  the  firft  Teftator. 
17     Procefs  of  Exigent  fhall  be  awarded  in  Debt,  Detinue^ 

and  Repleven. 
19     By  the  King's  Protedion  the  Party's  Suit  fhall  not  be 
hindered,  bui:  his  Execution. 
3j    _- — — .   Chap.    8     The  Penalty  of  a  Juror,   taking  Reward  to  give  his 

Verdidt. 
12     There  fliall  be  no  Forfeiture  of  Lands  for  Treafon  of 
dead  Perfons,  not  attainted. 

27  — — —  Chap.     2     An  Indemptitate  Ncminis  fhall    be  granted,  upon  the 

wrongful  Seizure  of  another  Perfon's  Lands  or  Goods. 

28  Chap.     8     A  Ship  fliall  not  be  lofl  for  a  fmall  Thing  therein  not 

Cuftomed. 
12     The  Punifhment  of  a  Juror  taking  a  Reward  to  give 
his  Verdift  •,  and  of  Embracers. 
42  ..,  Chap.     3     None  fhall  be  put  to  anfwer  an  Accufation  made  to  the 

King,  without  Prefentment. 
10    Children  born  beyond   Sea  in  the  King's  Dominions* 
fhall  be  inheritable  in  England. 

^o  . Chap.     6     Fraudulent  Affurances  of  Lands  or  Goods  to  deceive 

Creditors,  fhall  be  void. 

S  T  A  T  U  T  E  the  Fifth. 

t  Richard  II.  Ch.  12     A  Prifoner  by  Judgment  fliall  not  be  at  large:  Con* 

feffibn  of  a  Debt  to  the  King,  to  delay  another  Ext^ 
cution. 

§     .   Chap.     4    The  Penalty  of  a  Judge  of  Clefk,  making  any  falfe 

Entry,  erafe  a  Roll,  or  change  a  Verdift. 

13  Chap.     5     With  what  Things  the  Admiral,  and  his  Deputy,  fhall 

meddle. 

15  Chap.     2     The  Duty  of  Jufl:ices  of  the  Peace,  when  any  forcible 

Entry  is  made  into  Lands. 
3     In  What  Places  the  Admiral's  Jurifdidlion  doth  lie. 
2  Henry  IV.  Chap,    11     A  Remedy  for  him  who  is  wrongfully  purfued  in  the 

Court  of  Admiralty. 

^  —    Chap.     18     The  Punifliment  of  an  Attorney  found  in  Default. 

23     Judgments  given  fhall  continue,  until  they  be  reverfed 
by  Attaint  or  Error. 

r  — Chap.     5     It  fhall  be  Felony  to  cut  out  the  Tongue,  or  pull  out 

the  Eyes,  of  the  King's  Liege  People. 
8  Henry  VI   Chap.     9     Duty  of  Juflices  of  Peace,  wher6  Land  is  entered  upon, 

or  detained,  with  Force. 
12     No  Judgment  or  Records  fhall  be  reverfed    by  any 
Writ,    Procefs,    &c\  f  rafed  :  Which  Defeft  in  Re- 
Cords  may  be  amended  by  the  Judges,  and  which  not. 

15     The 


L  A  ly  S    of    North-Carolina.  297. 


9 


15     The  Juftices  may,  in  certain  Cafcs,  amend  Defaults  in    -■^;  ^-   '"^^ 
RecorJs. 

Chap.     4     An  Indemptitate  Nominis  maintainable  by  Executors. 

J , Chap.     I     Juftices  of  Nifi  Prius  may  have  Judgment  of  a  Mars' 

attainted  or  acquitted  ot  Felony. 

I  g  _ Chap.     6     No  Lands  ihali  be  granted  until  the  King's  Title  be 

found,  by  Inquifition. 
12     Appeals    or    Indiftments  of  Felony,    committed  in  a 
jt'lace  where  there  is  none  fuch. 

2 1  . Chap.     9     A  Remedy  for  a  Woman  enforced  to  be  bound  by  the 

Statute  or  Obligation. 
-, Chap.      I     A  Remedy  for  Executors    againft  Servants,  that  em- 
bezzle their' M afters  Goods  after  his  Death. 

I  Rich.  III.  Chap.     3     Every  Juftice  of  Peace  may  let  a  Prifoner  to  Mainprize  : 

No  Officer  Ihall  feize  the  Goods  of  a  Prifoner  until 
he  be  attainted. 

3  Hen.  VII.    Chap.  2     The  Penalty  of  carrying  a  Woman  away,  againft  her" 

Will,  that  hath  Lands  or  Goods. 

3  Jufbices  of  Peace  may  let  Prifoners  to  Bail :  The  She- 

riff fhall  certify  the  Names  of  all  his  Prifoners  at  the 
Goal  Delivery. 

4  All  De^ds  of  Gifts  made  to  defraud  Creditors,  fhall  be 

void.  * 

10     Cofts,    &c.  awarded    to  the  Plaintiff,  where  thr  De- 
fendant fueth  a  Writ  of  Error. 

4   —     Chap.  12     All  Juftices  of  the  Peace  ftiall  execute  their  Commifllon,  . 

rcdrefs  Injuries,  and  maintain  Law. 
15     Clergy  ftiali  be  allowed  but  once:  A  Convid  Perfon 
lliall  be  marked  with  the  Letter  M  or  T :  A  Pro- 
vifion  for  them  which  be  within  Orders. 

II  Chap.   12     A  Means  to  help  and  fpeed  poor  Perfons  in  their  Suits. 

12  ■     Chap.     7     For  Murders. 

ig  Chap.     9    Procefs  in  Adions  upon' the  Cafe  fued  in  the  King's' 

Bench,-  and  Common  Pkas. 
20     Writs  of  Error. 

I  Henry  Ylll.    Ch.    8     The  Adl  of  Efcheators  and  CommiiTioncrs. 

4     Chap.  2     Punirtiment  of  Murders. 

J I    j^ Chap.  4     The  Sales  of  Lands  by  Part  of  the  Executors,   lawfuL 

n     At  what  Times  Reftitution  fliall   be  made  of  Goods 
ftolen. 

22  Chap.   14     For  Abjurations  and  Sanduaries,  the  Sixth    Paragraph 

only,  in  thefc  Words  following:  And  that  no  Per- 
foHy  arraigned  for  Petit  ^reafon.  Murder,  cr  Felony^ 
be.,  from  henceforth,  admitted  io  any  ■peremptory  Chal* 
lenge  above  the  Number  of  Twenty. 

j^    Chap.   I     An  Ad,  concerning  Convids  in  Petit  Treafon,  Murder, 

3     A^n  Aft,  againft  Perjury,  and  untrue  Verdifts. 
15     An  Aft,  that  the  Plaintiff  being  non-fuited,    fhall  yield 
Damages  to  the  Defendant,  in  Aftions  Perfonal,  by 
the  Difcretion  of  the  Juftices. 

24  — Chap.     5     That  a  Man  kiUing  a  Thief  in  his  Defence,  fliall  not 

forfeit  his  Goods. 

25 Chap,     3     For  fuch  as  fliall  ftand  mute,  ^c. 

6    The  Punifliment  of  the  Vice  of  Buggery. 

27  Chap.     4    For  Pirates,  and  Robbers  on  the  Sea.- 

F  4  10    The-' 


298  LAWS    of    North-Carolina. 


•^-  ^•1749-  ID     The  Ad  concerning  Ufes,  and  Wills. 

^'-^ v^ '  ^g Chap,   15     For  Pirates. 

Q I Chap.     I     For  Joint  Tenants,  and  Tenants  in  Common. 

5     For  the  Continuation  of  Debts  upon  Execution. 

22  — •   Chap.     9     The  Bill  of  Bracery,  and  buying  of  Titles. 

I     The  Aft  of  Willsj  Primer  Seifins,  whereby  a  Man  ma^ 
devife  Two  Parts  of  his  Lands. 
50     Mifpleadings;  Jeofails. 

32  Joint  Tenants  for  Time  of  Life,  or  Years. 

33  An  Aft,  that  wrongful  Difleifin  is  no  Defcent  in   Law. 
37     For  Recovery  of  Arrearages  of  Rents  by  Executors  of 

Tenants,  in  Fee  Simple. 
22   Chap.     I     A  Bill  againft  them  that  counterfeit  Letters,  or  privy 

Tokens,  to  receive  Money  or  Goods  in  other  Mens 

Names. 

34&  35  ■ Chap.  8     The  Bill  concerning  the  Explanation  of  Wills. 

37    —    Chap.  6     The  Bill  for  burning  of  Frames. 

1  Ed.    VL    Chap.   12     An  Aft,  for  the  Repeal  of  certain  Statutes  concerning 

Treafon  and  Felonies,  ^c.  Paragraph  the  13th, 
Wilful  killing  by  poifoning^  Ihall  be  adjudged  Mur- 
der. 

2  &  3  Chap.  33     A  Bill  for  Horfe,  and  Horfe-flealers. 

^  ^6  ' Chap.     9     An  Aft,  for  taking  away  Benefit  of  Clergy,  for  certain 

Offenders. 

10  An  Aft,  for  the  avoiding  of  Clergy  from  divers  Perfons» 
I    Mary,       Chap.     6     Counterfeiting  of  Urange  Coins,  ^c.  adjudged  Treafon. 

1  &   2   Philip    and  1      Bringers  in  of  counterfeit  Coin  into  this  Realm,  fhall  be 
Mary,    Chap.    1 1  i  punifhed  as  Traitors. 

13  Aj.n  Aft,  touching  Bailment  of  Perfons. 

2  &  3  Chap.  10     An  Aft,  to  take  Examination  of  Prifonefs  fufpefted  of 

any  Manflaughter,  or  Felony. 

4  8c  5  Chap.     4     An  Aft,  that  Accelfories  in  Murder,  and  divers  Felo- 

nies, fliall  not  have  Benefit  of  Clergy. 
8     An  Aft,  for  the  Punifliment  of  fuch  as  fhall  take  away 
young  W^omen  that  be  Inheritors,  being  within  the 
Age  of  Sixteen  Years,  or  marry  them  without  Con- 
fent  of  their  Parents. 

5  EUzahethi  Chap.     9     An  Aft,  for  Punilhment  of  fuch  Perfons  as  Ihall  pro- 

cure or  commit  any  wilful  Perjury. 

1 1  Clipping,  ^c.  of  Coins,  for  Gain  Sake,  fhall  be  high 

Treafon. 

14  An  Aft,  againft  Forgers  of  falfe  Deeds  and  Writings. 
17     An  Aft,  for  the  Punifliment  of  the  Vice  of  Buggery. 

%    Chap.     2     The  Defendant  fhall  recover  Coils  and  Damages,  where 

the  Plaintiff  doth  delay  or  difcontinue  his  Suit,  or  is 
Non-fuit,  £f?f. 

4  An  Aft,  to  tak^  av^ay  Benefit  of  Clergy  from  certain 

Offenders  for  Felony. 

xo  —        ■  Chap.      5     An  Aft,  againft  fraudulent  Deeds,  Alienations,  t?f. 

I  ^  — Chap.      7     An  Aft,  to  take  away  Benefit  of  Clergy  from  the  Of- 
fenders in  Rape,  and  Burglary  ;  and    an  Order  for 
the  Delivery  of  Clerks  convift,  without  Purgation. 
14     An  Aft,    for  Reformation  of  Jeofails. 

27  — — . —    Chap.     4     An  Aft,  againft  covinous  and  fraudulent  Conveyances. 

5  An  Aft,  for  Furtherance  of  Juftice,  in  Cafe  of  Demur- 

rer in  Pleadings. 

13  An 


LA  l^  S    of    North-Carolina.  299 


13     An  Ad,  for  the  folJowing  of  Hue  and  Cry.  a.  d.  1740. 


3 1  Chap.   1 1     An  Ad,  of  Explanation  or  Declaration  of  the  Statute 

O^avo  Regis,  Henry,  6,  concerning  forcible  Entries, 
and  the  Indidments  thereupon  found. 

39 Chap.     9     An  Act,  for  taking  away  Clergy  from  OfTenders  againft 

a  certain  Statute,   made  in  the  Third  Year  of  the 
Reign  of  Heiiry  7,  concerning  the  taking  away  Wo- 
men againft  their  Wills,  unlawfully. 
15     An   Ati,    that  no  Perfon,  robbing  any  Houfe  in  the 
Day  Time,  altho'  no  Perfon  be  therein,  fliall  be  ad- 
mitted to  have  the  Benefit  of  his  Clergy. 
43  ^^^P-     5     -^1  A<^'  ^'^  prevent  Perjury,  and  Subornation  of  Per- 
jury, and  unordinary  Expences  in  Suits  of  Law. 
8     An  Ad,  againft  fraudulent  Adminiftration  of  Inteftates 
Goods. 
I  James  I.    Chap.     8     An  Ad,  to  take  away  the  Benefit  of  Clergy  from  fome 

Kind  of  Manflaughter. 
II     An  Ad,  to  reftrain  all  Perfons  from   Marriage,  until 
their  former  Wives,  and  former  Hufbands,  1)e  dead. 

4 Chap.     3     Ah  Ad,  to  give  Coft  to  the  Defendant,  upon  a  Non- 

fuit  of  the  Plaintiff;  or  a  Verdid  againft  him. 

21 Chap.     6     An  Ad,  concerning  Women  convided  of  fmall  Felonies. 

13     An  Ad,  for  the  further  Reformation  of  Jeofails. 

15     An  Ad,  to  enable  Judges  and  Juftices  of  the  Peace,  to 

give  Reftitution  of  PofTefljon  in  certain  Cafes. 
2  <:    An  Ad,  for  the  Relief  of  Creditors,  againft  fuch  Per- 
fons as  die  in  Execution. 
27     An  Ad,    to  prevent   the  deftroying     and  murdering 
Baftard  Children.  ^ 

3    Charles    L  The  Petition  exhibited  to  his  Majefty,  by  the  Lords, 

Spiritual  and  Temporal,  and  Commons,  in  this  pre- 
fent  Parliament  affcmbled,  concerning  divers  Rights 
and  Liberties  of  Subjeds. 

S  T  A  T  U  T  E  the  Second 
13  Charles  II.  Chap.  6     An  Ad,  declaring  the  fole  Right  of  the  Militia  to   be 

in  the  King,  and  for  the  prefent  ordering  and  dif- 
pofing  of  the  fame. 
16  Chap,  6     An  Ad,  to  prevent  the  delivering  up  of  Merchant  Ships. 

7  An  Act,  againft  deceitful,    difordcrly,    and  txceffive 

Gaming. 
16  &  17  —  Chap.     8     An  Ad,  to  prevent  Arrefts  of  Judgments,  and  fuper- 

ceeding  Executions. 
^  7  Chap.     7     An  Act,  for  a  more  fpeedy  and  effectual  Proceeding 

upon  DiftrefTes  and  Avowries  for  Rents. 

8  An  Act,  for  avoiding  unneceiTary  Suits  and  Delays. 

22  &  23  Charles  II.    1     ^^  ^^^^  '•^  prevent  malicious  maiming  and  wounding; 
Chapter      i        '    \         f^aragraph  the  7th,  Malicious  maiming  made  Felony^ 
■>  and  Paragraph  the  8th,  Forfeitures. 

7     An  Ad,    to    prevent    malicious    burning  of  Houfes, 
Stacks  of  Corn  and  Hay,  and  killing  or  maiming  of 
Cattle. 
10     An  Ad,  for  the  better  fettling  of  Inteftates  Eftates. 
*9  ~  Ciiap.     3     An  Ad,  for  preventing  Frauds  and  Perjuries. 

30    Chapi ' 


~v~ 


300  LA   W   S    of    North-Carolina. 

A.  D.   1749.    20  Chap,     7     An  Ad,  to  enable  Creditors  to   recover  their  Debts  of 

*^ — y '  the  Executors  and  Adminiftrators  of  Executors,  in 

their  own  Wrong. 

21 Chap.  2  An  A61,  for  the  better  fecuring  the  Liberty  of  the  Sub- 
ject, and  for  Prevention  of  Imprifonmcnt  beyond  the 
Seas. 

I  James  II.  Chap.    1 7     An  Act,  for  reviving  and  Continuance  of  feveral  Acts 

of  Parhament  therein  mentioned  ;  only  Paragraph 
the  5th,  6,  and  7,  relating  to  the  Act  for  the  better 
fettling  Inteilates  Eftates. 

1  tVil.  tc  Mary^  Ch.  8     An  Act,  for  the  abrogating  of  the  Oaths  of  Supremacy 

and  Allegiance,  and  appointing  other  Oaths. 
18.    An  Act,  for  exempting  their  Majeflics  Proteftant  Sub- 
je(5ts,  diiTenting  from  the  Church  of  England,  from 
the  Penalties  of  certain  Laws. 
Scflion    2,     Chap.      2     An  A6t,  declaring  the  Rights  and  Liberties  of  theSub- 

je6t,  and  fettling  the  Succeflion  of  the  Crown. 

2    —     Chap.     5     An  Ad,  for  enabhng  the  Sale  of  Goods  diftrained  for 

''  Rent,  in  Cafe  the  Rent  be  not  paid  in  a  reafonablc 

Time. 

otc^ Chap.     9     An  Ad,  to  take  away  Clergy  from  fome  Offenders, 

and  to  bring  others  to  Punilhment. 
14    An  Ad,    for  Relief  of   Creditors,    againft  fraudulent 
Devices. 

^  5r  ^ Chap.   16     An  Ad,  to  prevent  Frauds,  by  clandefline  Mortgages. 

7  Wtl.    III.  Chap.     3     An  Act,  for  regulating  Tryals  in  Cafes  of  Treafon,  and 

Mifprifon  of  Treafon.. 

*7  gj  3 Chap.  24     An  Act,  requiring  the  Practitioners  of  the  Law  to  take 

the  Oaths,  and  fubfcribe  the  Declaration  therein 
mentioned. 

g  2c  g -Chap.  10  An  Act,  for  the  better  preventing  frivolous  and  vexa- 
tious Suits. 

Q  g^  xo Ch.    15     An  Act,  for  deterinining  Differences  by  Arbitration. 

1 7     An  Act,  for  the  better  i-'ayment  of  Inland  Bills  of  Ex- 
change.- 

10&  II  -^     Ch.    16     An.  Act,  to  enable  pofthumus  Children  to  take  Eflates, 

as  if  born  in  their  Fathers  Life-tirrie. 

ii  &  12 -—     Ch.      6     An  Act,  to  enable  his  Majefty's  natural-born  Subjects 

to  inherit  the  Eflate  of  their  Anceftors,  either  Lenial 
or  CoUaterel,  notwitftanding  their  Father  or  Mother 
are  Aliens. 

12  &  13   'f'^il-    ni.    ?      An  Ad,  for  the  further  Limitation  of  the  Crown,  and 
Chap.     2  J      better  fecuring  the  Rights  and  Liberties  of  the  Subjeds. 

1     Anne,     Chap.     22     An  Ad,  to  declare  the  Alterations  in  the  Oath  appointed. 

to   be  taken,  by  .the  Ad,  intituled,  An  A^,  for  the 

further  Security  of  his  Majejiy's  Perfon^  and  the  Sue- 

cejfion    of  the  Crown  in  the  Proteftant  Line  ;  and  for 

extingiiifhing   the  Hopes    of  the   pretended  Prince  of 

Wales,  and  all  other  Pretenders,  and  their  open  and 

fecret  Abettors  ;  and  for  declaring    the  Affociation  t0 

be  determined. 

9     Art  Ad,  for  Punifhmcnt  of  Acceflbries  to  Felonies,  and 

Receivers  of  ftolen  Goods ;  and  to  prevent  the  wil- 

fxjl  burning  and  deftroying  of  Ships. 

3  &  4  —  Chap. 


L  A  JV  S     of    North-Carolina.  '?oii 

5  5c  4  —      Chip.     9     An  Act,  for  giving  like  Remedy  upon  Promifory  Notes    ^-  ^-   '' '^9- 

as  is  now  ufcd  upon  Bills  of  Exchange  ;  and  for  the  """^ ^" 

better  Payment  of  Inland  Bills  of  Exchange. 

4  5c  /^ Chap.   1 6     An  Acl:,    for  the  Amendment  of  the  Law,    and  the 

better  Advancement  of  Juftice. 

5  .  Chap.    iS     An  Act,  concerning  Life  Efbates. 

^     . ,  Chap.    19     An  Ad,  to  enable  infants  who  are  feized  or  poffefTed 

of  Eftates  in  Fee,  in  Trud,   or  by  Way  of  Mort- 
gage, to  make  Conveyances  of  fuch  Eftates. 

J     , •  Chap,    i  7     An  Ad:,  for  the  better  Security  of  Rents,  and  to  pre- 
vent Frauds  committed  by  Tenants. 

o     • Chap.    14     An  Ad,  againft  unlawful   Gaming;  Sedion   i,  2,  3} 

6,  and  7,  only. 

12  Stat.    I     Chap.     7     Firft,  Second^  and  Third  Scdions  only, 

1 3  An  Ad,  for  the  preferving  all 'Ships  and  Goods  there- 
of, which  fhall  happen  to  be  torced  on  Shore,  or 
ftranded,  upon  the  Coalls  of  this  Kingdom,  or  any 
other  of  her  Majcfty's  Dominions. 

2  (7c*3.   n.     Chap.    22    .Sedion  the  nth  only,  concerning  Debts. 

4     —  Chap.    2S     An  Ad,  concerning  Rents. 

2     . Chap.      7     An  Ad,  for  the  more  eafy  Recovery  of  Debts  in  his 

Majefty's  Plantations  and  Colonies  in  America. 
25     An  Ad,  to  dir^d  the  Proceedings  in  Chancery  againft 
Perfons  beyond  Sea, 

y     Chap.    20     Sedion  i,  2,  and  3  only,  concerning  Mortgages.    ' 

2 Chap.    24     Sedtion  the  5th,  concerning  Debts.    , 

II   Chap.    i'9     Twelfth  and  13th  Sedions  only,  concerning  Ejedment. 

III.  AND  hi  it  further  Enacted.,  by  the  Authority  aforefaid^  That  in  any  of  Farmer  statct^s 
the  above  enumerated  St?.tutes,    where  any  Reference  is  made  to  any  former  ^'^'"."1  '"' '"° 
Statute,  as  to  the  Penalty,  or  Manner  of  Recovery,  or  Execution  of  the  laid 
Statutes,  or  where  the  laid  Statutes  are  explained,-  or  continued,  or  made  perpe- 
tual, or  cdnfirmed,  or  Clergy  allowed   by  any  after  Statute ;  that  in  fuch  Cafe, 

the  faid  Statute  (o  referred  to,  or  that  doth  explain,  continue,  make  perpetual, 
or  conarm  the  above  enumerated  Statutes,  or  allow  Clergy  for  the  Offence  or 
Offences  in  any  of^  them  mentioned,  are  hereby  declared  to  be  of-  as  full  Force  in 
this  Province,  as  if  particularly  enumerated  in  this  Ad. 

IV.  AND  he  it  further  Enabled,    by  the  Authority  aforefaid.,    That    all  the  j.^ju^j,  f,^  ,^j. 
Statutes  of  the  Kingdom  of  England,  relating  to  the  Allegiance  of  the  People  to  Aiitgianceofthe 
his  prefent'Majelly  King  George^  and   his  lawful  Succeffors,  and  the  fevcral  Pub-  ShI?  fcc''"iB! 
lie  Oaths,  and  fubfcribiog  the  Teft,  required  of  the  People  of  England  in  Gene-  f^f**^  '""«• 
ra!,  by  any  of  the  faid  Statutes  of  the  laid  Kingdom  ;  and  alfo  all  fuch  Statutes  in 

the  Kingdom  of  England  as  declare  the  Rights  and  Liberties  of  the  Subjed,  and 
Enad  the  better  fccuring  the  fame;  as  to  i*o  much  of  the  faid  Statutes  as  relates 
to  the  above  mentioned.  Particulars  of  the  Allegiance  of  the  People  to  their 
Sovereign,  the  Public  Oaths,  and  fubfcribing  the  Ttft,  required  of  them,  and 
the  declaring  and  fecuring  the  Rights  and  Liberties  of  the  Subjeds,  are  hereby 
Enaded  and  Declared  to  extend  to,  artd  to  be  of  full  Force  in  this  Province,  ai 
if  particularly  en-umerated  in  this  Ad.- 

V.  AND  for  the  better  patting  in  Force,  and  Execution  of,  all  and  evefy  5r-cKt>e  f^w.^ 
tlie  before  enumerated  Statutes,  Sedions,  and  Paragraphs  of  Statutes-,  Be  it  e^^'^|> '" "^-=  ^•'f- 
Enabled,  by  the  Authority  aforefaid,  and  it   is  hereby  Ena^cd  and  Declared,  That 

the  General  AiTcmbly  of  this  Province,  and  the  fcveral  Members  thereof,  fliall 
have  the  fariie  L^o-^er  and  Authority  in  any  Matter  or  Thing  relating  to  the  faid 

G  4  Statutes/ 


302 


LAWS    of    North-Carolina. 


A.  D.  1749.    Statutes,  or  that  is  givert  by  the  fame  to  the  Parliament  of  England^  or  the  Mem- 

» y—- — '  jjgj.g  thereof-,  and  his  Excellency  the  Governor,  and  the  Council  of  this  Province, 

for  the  Time  being,  Ihall  have  all  the  Power  and  Authority  relating  to  the  Execu- 
tion of  the  faid  enumerated  Statutes,  as  by  the  fame,  or  by  any  other  the  Laws  of 
England-,  arc  given  to  the  Lord  Chancellor,  or  the  Lord  Keeper  of  the  Great  Seal 
of  England :  That  the  Chief  Juftice  of  this  Province,  and  his  Affociates,  for  the 
Time  being,  fftall  have  all  the  Power  and  Authority  in  the  Execution  of  any  the 
faid  enumerated  Statutes,  as  the  Chief  Jufcicc,  or  any  of  the  Juflices  or  Judges  of 
the  Courts  of  the  King's  Bench,  or  Common  Pleas,  or  any  Juftices  of  the  Sef- 
iions  of  Commiflioners  of  Oyer  and  Terminer  and  Goal  Delivery,  in  the  Kingdom 
of  England.,  can  or  may  have  or  do :  And  that  the  Juftices  of  the  Peace  in  this 
Province,  Ihall  have  the  Powers  of  the  Juftices  of  the  Peace  in  the  Kingdom  of 
England  -,  and  every  Officer,  Minifter,  or  Under-Officer  of  this  Province,  fhall 
have  and  execute  the  fame  Power  and  Authority  of  every  Juftice,  Officer,  Mini- 
fler,  or  Under-Officer  of  the  fame  Name,  Stile,  Title,  and  ufual  Office,  Em- 
ployment, and  Authority  in^the  Kingdom  of  England^  in  and  about  the  Execu- 
tion of  the  Premifes,  to  all  Intents,  Conftrudions,  and  Purpofes  whatfoever, 
except  fuch  Officer  or  Officers,  the  Manner  and  Method  of  whofe  Duty  and 
Office,  is  circumicribed  and  direfted  by  the  Laws  of  this  Province. 

Csm-^n  Lv.T -?  VL  AND  bc  it  further  Enacted.,  by  the  Authority  aforefaid.  That  all  and 
j?«5/a«rf enforced  gver/  Part  of  the  Common  Law  of  England^  where  the  fame  is  not  altered  by  the 
Power  ^ircn  ^M  abovc  enumerated  Afts,  or  inconfiftent  with  the  particular  Conftitutions,  Cuf- 
cftesute  it.  toms,  and  L,aws  of  this  Province,  excepting  fo  much  thereof  as  hath  Relation  to 

the  ancient  Tenures,  v/hich  are  taken  away  by  Ad  of  Parliament,  made  in  the 
Twelfth  Year  of  the  Reign  of  King  Charles  the  Second,  Chapter  the  Twenty 
Fourth,  intituled,  An  A£t^  for  taking  awny  the    Court  of  Wards  and  Liveries, 
and  Tenures  in  Capite.,  and  by  Knights  Service  and  Purveyance.,  &c.  whereby  it  is 
Enaded,  That  all  Tenures  by  the  Common  Law,  whether  held  of  the  King  or 
any  other  Perfon  or  Perfons,  are  turned  into    free  and  common  Soccage  ;  and 
■  which  Statute,  as  to  that  Part  of  it  which  doth  Enad,  That  all  Tenures  be  turn- 
ed into  free  and  common  Soccage-,  is  hereby  Enaded  and  Declared  to  be  of  as 
full  Force  in  this  Province,  as  if  particularly  enumerated  by  this  Ad  j  and  alfo 
excepting  that  Part  of  the  Common  Law  which  relates  to  Matters  Ecclefiaftical, 
which  are  inconfiftent  with,  or  repugnant  to,  the  Settlement  of  the  Church    of 
England  in  this  Province,  by  the  Ads  of  AlTembly  thereof  -,  be,  and  is  hereby 
made  and  declared  to  be  in  as  full  Force  and  Virtue  within  this  Province,  as  the 
fame  is,  or  ought  to  be,  within  the  faid  Kingdom  of  England :  And  that  the 
Governor  for  the  Time  being,  with  his  Council,  conftituting  a  Court  of  Chan- 
cery in  this  Province,  fliall  have  Power  to  put  in  Execution,  and  caufe  to  be 
put  in  Execution  in  this  Province,  fo  much  of  the  faid  Common  Law,  (except 
as  before  excepted)  as  the  Lord  Chancellor,  or  Lord  Keeper  of  the  Great  Seal 
of  Great-Britain.,  may  do  in  the  Kingdom  of  England :  And  the  Chief  Juftice 
of  this  Province  for  the  Time  being,  and  his  Affociates,  may  put  in  Execution 
fo  much  of  the  faid  Common  Law  of  England  within  this  Province,  (except  as 
before  excepted)  as  any  of  the    Juftices   or  Judges    of  any  of  the  Courts  of 
King's  Bench,  and  Common  Pleas,  or  Commiffioners  of  Oyer  and  Terminer  and 
General  Goal  Delivery,  may  do  in  the  faid  Kingdom  of  England :  And  every 
Officer,  Minifter,  or  Under-Officer  of  this  Province,  fhall  execute  fo  much  of 
the  faid  Laws  within  this  Province,  (except  as  before  excepted)  as  any  Officer, 
Minifter,  or  Under-Officer,  of  the  ftme  Name,  Stile,  Power,  and  Authority  in 
the  Kingdom  of  England,  may  or  ought  to  execute  within  the  fame. 

penalty  on  ?cr.  VIL  A N  B  be  it  further  Enaded,  by  the  Authority  aforefaid.  That  every 
^reirD":y?S  Perfon  refpedively  whatfoever,  v/ho  derives  any  Authority  or  Power,  Judicial  or 
t  cjr  «^  ».  w .  jy^;j^-|^^j.-,j^  £j.^^  ^^^  j,y  jjj-j  ^ -^^  ^YiQ  Ihall,  or  doth  negled,  refufe,  or  omit 

ta 


L  A   iV  S    (?/■    North-Carolina.  303; 

to  do  and  ejfecute  all  or  any  fuch  Things  which,  by  the  AdVs  before  enumerated,    ^-  P-  »749- 

or  made  of  Force  iil  this  Province  by  this  Aft,  or  required  to  be  done  and  exe-  ^ "^ ' 

cuted,  fhall  undergo  fuch  Penalties,  forfeit  fuch  Sum  or  Su^ms  of  Money,  Lofs  Ja  UwsV 
of  Place  or  Office,  for  each  fuch  Negle(fl,  Refufal,  or  Omifilon,  as  every  re- 
fpective  Magillrate,  Officer,  Minifter,  and  other  Perfon  whatfoever  within  the 
Kingdom  of  England,  ought  to  undergo,  forfeit,  and  fuffer,  by  every  of  the 
faid  fcveral  and  refpective  Acts  ;  to  be  ■  profecuted,  recovered,  and  difpofcd,  ac- 
cording to  the  Directions  of  the  faid  feveral  Acts,  in  any  of  the  Courts  of  Record 
within  this  Province,  except  where  the  Puniffiment  of  any  of  the  above  Offences 
is  particularly  mentioned  and  appointed,  by  any  Law  now  in  Force  in  this 
Government. 

VIII.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.    That  the  Go-  oacasFeMi 
vernor,  the  Chief  Juftice  of  the  Court  of  Common  Pleas,  for  the  Time  being, 

and  his  Aflbciatrs,  and  every  other  Officer,  Minifter,  Under-Officer,  and  every 
other  Perfon  v/hutfoeverj  concerned  in  the  Execution  of  any  the  above  enumera- 
ted Acts,  Ihall  and  may  take  fuch  and  fo  much  Fees,  for  the  doing  and  execu- 
ting every  Matter  and  Thing  contained  within  the  faid  Acts,  as  by  the  feveral 
Afts  of  Affcmbly  of  this  Province,  made  for  the  afcertaining  Officers  Fees,  they 
may  or  ought  to  take  and  receive-,  any  Thing  in  any  of  the  Statutes  mentioned 
in  this  Ad;  to  the  contrary,  notwithftanding. 

IX.  AND  be  it  further  EnaSied^  by  the  Authority  aforefaid'^  That  every  Court  power  of  Ceuiti 
of  Record  wirhin  this  Province,  fhali  be  taken  for,  and  have  and  execute,  the  •^  R«or*. 
Power  of  the  King's  or  Queen's  Court,  mentioned  in  any  of  the  before  reci- 
ted Ads.  ^ 

X.  AND  be  it  further  Enabled,  That  all   Conveyances  or  Settlements  of  -  / 
Lands  or  lenements  made  in  tnis  Province,  by  Way  or   Bargain  and   Sale,  or  Lands,  declared 
otherwife,  fliali  be  as  good  and  effeftual  in  Lav/,  to  all  Intents  and  Purpofes  ^°''^* 
whatfoever,  as  if  the  Statute  for  transferring  Ufes  into  PofTefllon,  had  been  made 

of  F""orce  in  this  Province  at  the  Time  of  fuch  Conveyances  made. 

XI.  AND  he  it  further  EnaSted^  by  the  Authority  aforefaid^  That  all  the  Sta-  stj„uf„  „g    ^ 
tute  Laws  of  the  Kingdom  of  England.^  which  are  not  enumervited  and  made  of  Force  here. 
Force  in  this  Province  by  this  Ad,  (fuch  only  excepted  which  relate  to,  or  con- 
cern his  Majefty's  Cuftoms,  and  the  Afts  of  Trade  and  Navigation,)  are  hereby 

declared  not  adapted,  or  applicable  to,  the  Circumftances  of  this  Province. 

XII.  PROVIDED  mverthelefs^  and  be  it  hereby  Enabled  and  Declared^  statute  Lawi 
That  becaufe  few  of  the  Statute  Laws  of  the  Kingdom  of  England^  made  fince  the  made  f.R,e  n 
Eleventh  Year  of  the  Reign  of  his  prefent  Majefty  King  George  the  Second,  have  here.'''  °'  ^""" 
been  tranfmitted  to  this  Province  •,  It  is  hereby  Ena^ed^  That  all  Statute  Laws 

nude  within  the  Kingdom  of  England  fince  the  faid  Eleventh  Year  of  the  Reign 
of  his  faid  Majefty  King  George  the  Second,  ftiall  be  deemed,  conftrued,  and 
taken^  to  have  fuch  ahd  the  fame  Relation  and  Force  in  this  Province,  and  all 
his  Majefty's  Subjeds,  inhabiting  or  dwelling  in  the  fame,  as  the  fame  might, 
^  touldi  or  ought  to  have  had,  if  this  Ad:  had  never  been  made. 

XIII.  PROVIDED  alfoy  That  this  Ad:,  or  any  enumerated  Act,    or  This  Aa.  not  to 
Claufe,  or  Paragraph,  or  Section,  of  any  Act  therein  contained,  fhall  not  be  ""^^l^^^^^^  "['"' 
conftrued  or  extended  to  alter  the  ufual  Courfe  of  Proceedings  in  the  feveral  ceedLgs'  in  [he 
Courts  of  Judicature  in  this  Province  i  and  the  Manner  of  drawing,  balloting,  or  Coaruheu, 
choofing  ot  Jurymen,  as  the  fame  is  prefcribed  by  the  Laws  of  this  Province  in 

in  that  Cafe  made  and  provided,  and  all  other  the  Acts  of  AfTembly  of  this  Pro- 
vince, relating  to  the  regulating  Procceedings  of  the  Courts  of  Judicature  in  this 

Provincej 


304  LA   W   S    of    North-Carolina. 

^.  D.  1749.  Pi-ovincc,  are  hereby  declared  to  be  of  as  full  Force  and  Virtue  as  if  this  Act  had 
v*"  never  been  made  ;  and  the  above  enumerated  Statutes  of  the  Kingdom  of  Eng- 
lattdy  arc  hereby  Enaded  to  be  put  in  Execution  in  this  Province,  as  to  the  fub- 
fbantial  Parts,  and  fo  as  not  to  alter  the  ufual  Proceedings  in  our  Courts  in  this 
Province,  and  the  faid  Jury  A6Ls :  Any  particular  Claufes  or  Paragraphs  in  the 
above  enumerated  Acts  with  Rcfpeft  to  the  particular  Circumftances  of  England^ 
being,  or  feeming  to  be  to  the  contrary  hereof,  in  any-wife,    notwithflanding. 


C  it  A  P.    II. 

An  Ai5?,  fo  revive  a  Claufe  in  (tn  A5l  of  the  General  Affcmhly  of  this 
Province^  intituled^  An  Ad:,  to  fix  a  Place  for  the  Scat  of  Govern- 
ment, and  for  keeping  Public  Offices  ;  for  appointing  Circuit  Courts, 

-  and  defraying  the  Expence  thereof;  and  alfo  for  Efhablifhing  the 
Courts  of  Jullice,  and  regulating  the  Proceedings  therein  ;  p^fffd  the 

■  Fifth  Day  cf  December,  One  Thoufand  Seven  Hundred  ar.d  Forty 
Six. 

ft-8a«fck.  .  I.  ■^^  r  H  E  R  E  A  S,  by  an  A(5t  of  the  General  Allembly  of  this  Province, 
W  paffed  the  Filth  Day  of  December,  One  Thoufand  Seven  Hundred  and 
Forty  Six,  intituled,  Jn  A£fy  to  fix. a  Place  for  the  Seat  of  Government^  and  for 
keeping  Public  Offices ;  for  appointing  Circuit  Courts,  and  defraying  the  Expence 
thereof  \  and  alfo  for  Efiailifhing  the  Courts  of  Jufiice,  and  regulating  the  Proceed- 
ings therein  •,  it  is,  among  other  Things,  EnacSted,  That  a  Tax  of  Four  Pence, 
Proclamation  Money,  per  Poll,  Annually,  fnall  be  levied  on  each  and  every  tax- 
'  able  Perfon  within  this  Province,  for  and  during  the  Term  of  Three  Years,  and 
no  longer  -,  to  be  applied  towards  defraying  and  paying  the  Chief  Juftice  and 
Attorney-General,  as  a  Recompence  for  their  Trouble  and  Expence  of  going  the 
Circuits,  as  in  the  faid  before  recited  Aft  may  more  fully  and  at  large  appear : 
And  whereas  the  Time  limited  by  the  afgre  recited  A61,  for .  levying  and  coileft- 
ing  the  faid  Tax  of  Four  Pence,  Proclamation  Money,  is  near  expiring  ; 

Ciaufif  revive*,  II.  B  E  it  therefore  Enatled,  by  his  Excellency  Gabriel  Johnfton,  Efq;  Cover-, 
nor,  by  and  with  the  Advice  and  Confent  of  his  Majejiy's  Council,  and  General 
Affemhly  of  this  Province,  and  it  is  hereby  Enacted,  by  the  Authority  of  the  fame,: 
That  from  and  after  the  Expiration  of  the  Time  limited  in  the  faid  Claufe  of  the 
iiforcfiid  A61,  the  faid  Tax  of  Four  Pence,  Proclamation  Money,  per  Poll,  fliall 
continue  to  be  levied.  Annually,  on  each  and  every  taxable  Perfon  within  this 
Province,  in  fuch  Manner  as  by  the  faid  before  recited  A£t  is  direfted  ;  and  fhali 
be  paid  to  the  Trcafurer  of  the  Diftrid:  where  fuch  Tax  is  levied  rcfpeftively,  and 
by  him  applied  towards  defraying  and  paying  the  Chief  Juftice  and  Attorney- 
General',  as  aforelaid  :  Any  Thing  in  the  before-recited  Aft  to  the  contrary, 
notwithltanding. 

c:cMm«jBee  of        HI.  A  N  D  be  it  further  fnalied,  hy  the  Authority  aforefaid.  That  this  Aft 
!ht  Aft.  fhaii  continue  and  be  in  Force  for  the  Term  of  Three  Years,  next  after  the  Faf- 

fing thereof,  and  from  thence  to  the  End  of  the  next  Seflion  of  the  General  Ki- 
.fcmbly  of  this  Province,  and  no  longer. 


6  H  A  P. 


L  A  1'^  ^     oj     North-Carolina.  305 


A.    D.  .1749. 


CHAP.     IIL 

An  additional  Ad  to  an  Acfy  intituled^  An  A(5V,  to  provide  IndlfFerent 
Jurymen  in  all  Caufes,  both  CivU  and  Criminal,  and  for  an  Allow- 
ance for  their  Attendance, 

I.  "T  -T  T  H  E  R  E  A  S,  by  art  Ad,  intituled,  An  A^:,  to  provide  indifferent  preamtie. 

VV  'J'-'-^nien  in  all  Caufes^  boih  Ovil  and  Criminal ^  end  for  an- Allowance 
for  their  Attendance  •,  it  is  Enacted,  That  once  in  Six  Months,  at  each  and  every 
County  Cou't  within  this  Province,  next  after  the  Firft  Day  of  January,  and 
tl.e  Firft  D.y  of  July,  Yearly,  in  open  Court,  the  Jultices  of  ekch  and  every 
County  Court,  together  with  the  then  drand  Jury,  fhall  elect  and  choofe  a 
certain  Number  of  the  Freeholders  of  their  feveral  Counties,  to  ferv^  as  Jurors 
at  the  next  General  Court,  Court  of  Afljze,  Court  of  Oyer  and  Terminer  and 
G-neral  Goal  Delivery,  to  which,  by  the  Law  now  in  Force,  or  any  Law  here- 
after to  be  made,  they  ouf^Ut  to  atts-^nd  ;  vvhich  Manner  and  1  ime  of  making 
■fuch  Choice  of  Jurors  as  aiorefaid,  is  iound  inconvenient  and  impracticable  : 

IT.  B  E  it  therefore  Ena^ed,    by  his  Excellency  Gabriel  Johnfton,    Efq;  Go-  M;"^n«r  of  :?- 
lernor,  by  end  ivitb  the  Advice  and  Confent    oj  his  Majefiys  Council,  and  the  f-'-'^'-'^s jurc^ 
General  HffembJy  of  this  Province,  and  by  the  Authority  of  the  fame.  That  from 
and  afteffhe  Faffing  of  this  Act,  once  in  Six  Months,  at  each  and  cvcry  County 
Court  within  this  Province  thatf  fhall  happen  next  after  the  firft  Day  of  June  and 
thj  lirft  Day  of  December,  Yeanly,  the  Freeholders  required  by  Law  to  atttvod  as 
Juror.-,  from    each  County  rcfpectively,    at  the  next  General  Court,  C'oui  t  of 
Ailiz.',  Court  of  Oyer  and  Tcrnimer  and  General  Goal  Delivery,  Ihali  be  eLctcd 
i;i  op^■^n  Court,  one  i-Ialf  of  their  Number  by  the  Juftices  then  fitting  in  Court, 
ana  the  other  Half  by   the  then  prefcnt  Grand  Jury,  by  a  Majority  of  Votes  of 
the  faid  Juftices  and  Grand  Jury  rcfpedtively,  and  not  otherwife;  and  the  faid 
Jufticcs  and  Grand  Jury  fttall  diftinguilh  the  Names  of  fuch  Perfons  as  ftiall  be 
{o  chof.  n  for  the  Gnmd  Jury,  from  the  Petit   Jury,  to  fcrve  as  afortfaid  ;   and 
fjch  Perfons"  chiy  fhall  be  of  cither  of  the  faid  Juries,  as  are  by  them  fo  nomina- 
ted and  diftlnguilhcd :  Any  Law,  Cuftom,  or  Ufage,  to  the  contrary,  notvvith- 
ftanuing. 


Preaaillej 


CHAP.    IV, 

1 

A;2  ASf,  for  atfcring,  expUining,  and  continuing  an  Ac!,,  intituled.  An 
Ad,  for  the  better  regulating  the  Militia  of  this  Government. 

I.  TTT  HEREASan  Aft,  intituled.  An  A5!,  for  the  better  regulating  of 
Y  Y  the  Mditia  of  this  Gcvernmeftt,  made  the  Twenty  Eighth  Day  oi  June, 
One  1  houfand  Seven  Hundred  and  Forty  Six,  was  to  continue  for  Three  Years, 
and  from  thence  to  the  End  of  the  next  Seffion  of  Aflembly  ;  which  Time  is  now 
near  expired  j  which  Ad,  by  Experience,  is  found  to  be  a  good  and  necelfary 
Law: 

II.  B  E  it  Enacted,  by  his  Excellency  Gabriel  Johnfton,  Efq;,  Governor,  by  and  ^a  continuca. 
fvith  the  Advice  and  Ccnfent  of  his  Majefty's  Council,  and  General  Affembly  of  this 
Province,  and  by  the  Authority  of  the  fame.  That  the  faid  Adl,  intituled.  An  Act, 
for  the  better  regulating  the  Militia  of  this  Government^  Ihall,  from  and  after 

H  4  this 


3o6  L  A  IV  S    ^North-Carolina. 


A.  D.  >749-    this  prefenc  Seffion  of  Affcmbly,  (except  as  herein  altered  and  explained,)  be  and 
"^"■v^ — J  continue  in  Force  tor  the  Term  of  Mve  Yeirs,  and  from   thLnce  to  the  End  of 
the  next  Sefllon  of  the  General  AHembly,  and  no  longer. 

III.  AND  whereas  by  the  faid  A<51,  it  is  Enaftcd,  That  it  fhall  and  may  be 
lav/ful  for  one  Field  Officer,  or  more.  Four  Captains,  Four  Lii  utenants.  Three 
Enfigns,  or  the  Majority  of  them,  with   one  lield  Officer,  openly   to   hold  a 
Court-Martial,  and,  on  Tryai  and  Convidion,  to  puniffi  the  Offinder  or  Offen- 
ders according  to  Martial  Law,  as  the  Nature  of  the  Crime  (hall  require :  Be  it 
Court-M«rtia!      therefore  Enacted^  by  the  Authority  aforefaid^  That  from  and  after  the  t-affing  of 
n^atb°  on"o'!fen-  this  Aft,,  the  Powers  granted  to  luch  Courts-Martial,  fhall  not  be  underftood  or 
<'*=«•  conftrued,  to  impowtr  any  fuch  Court  to  iniiidt  tae  Funiihment  of  Death  on  any 

Offender  or  Offenders  whatfoevcr. 

Captains  to  muf-  ][y_^  ^  ^  f/  further  Enacted^  by  the  Authority  afcrefaid.  That  from  and  after 
^Mtwieeayrar.  this  prcfcnt  Seffion  of  Affembly,  each  and  every  Captain  of  a  Company,  (hall 
and  may,  at  fuch  Times  and  Places  in  their  tefpe6live  Diftricts  as  they  (hall  judge 
convenient,  Mufler  their  feveral  Companies  twice  in  every  Year,  and  no  more  j 
Any  Claufc  in  the  before-recited  Act,  Ufage,  or  Cutlom,  to  the  contrary,  not^ 
witilunding. 


CHAP.     V, 

« 

An  AB,  to  appoint  a  Public  Treafurer^  in  the  Room  of  Edward  Mofeley, 

Efq-f  deceafed. 

J^reambie.  I.  TTT  H  E R  E  A  S,  by  an  A<fV,  intituled.  An  A^^  to  appoint  Public  Trea- 

W    ftirers^  the  Honourable  Edward  Mofeky,  Efq-,  was  conilituted  Public 

Tr  afurer  for  the  Counties  of  Craven^  Carterely  Orjlcw^  New- Hanover^  Bladen^ 

yehnjicti^  Beaufort,  and  Hyde  \  and  the  faid  Ofnce  having  become  vacant,  by  the 

Death  of  the  laid  Edward  Mofeley^  Efq-, 

Tresfurer  ap-  II.  B  E  it  therefore  EnaSfed^  by  his  Excellency  Gabriel  Johnflon,.  Efq;  Govcrr.orf 
joitix^i.  .  ^^  ^^^  ^^Yi?  the  Advice  and  Confent  of  his  Majefly*s  CounciU  and  General  Affembly 
of  this  Province^  and  by  the  Authority  of  the  fame ^  That  the  Honourable  Eleazer 
Allen^  Efq-5  be,  and  is  hereby  appointed  Public  Treafiirer  for  the  faid  Counties  of 
Craven^  Carteret^  Qnfiow^  New-Hancver,  Bladen^  Johfifion,  Beaufort,  and  Hyde, 
m  the  Room  of  the  faid  Edward  Mcfeley^  deceafed  :  V/hich  faid  Treafurtf  fhall, 
before  he  enters  upon  his  faid  Office,  give  Bond,  to  our..  Sovereign  Lord  the 
King,  his  Heirs  and  Succeffors,  in  the  Sum  of  Two  Thoufand  Pounds,  Sterling 
Money,  for  the  faithful  Difcharge  of  his  faid  Office  :  Which  Bond  fhall  be  lodg- 
ed in  the  Secretary's  Office. 

Si^MnniTs  to  ^^^'  ^-^-0  ^'  i^  further  Enacted^  by  the  Authority  aforefaid.  That  the  Sherifs, 
^hs  Tr£3furer.  and  all  Other  Perfons  concerned,  or  who  have  been  concerned,  in  the  CoUefting 
or  Receiving  any  Public  Money,  within  the  refpcdive  Counties  of  Craven,  Car- 
teret, Onflow,  New-Hanover,  Bladen,  Johnfion,  Beaufort,  and  Hyde,  who  have 
not  already  accounted  for  and  paid  the  fame  to  the  aforefaid  Edward  Mcfeky,  Efq; 
deceafed,  fliall,  upon  Oath,  account  for  and  pay  to  the  faid  Eleazer  Allen,  tfq; 
all  the  Money  fo  by  them  refpedively  received,  or  which  by  Lav/  they  cught  to 
have  received,  and  are  accountable  for ;  under  the  Penalty  of  Twenty  Pounds, 
Proclamation  Money, 

iV.  AND 


LAWS      C/'     N  O  R  T  H  -    C  A  R  O  L  1  N  A.  ^07 


V— 


IV.  AND  he  it  further  Enacted^  by  the  Authority  aforcfaid.  That  all  and  every 
the  Sherifs,  and  other  ir'erfons,  who  Inall  be  concerned  in  the  Colltfting  ,ind  Re-  ihliibrcvc  Tna 
ceiving  the  Public  Moneies  hereafter  to  be  collected  and  received  v;i thin  the  fe-  jni'-'-'^-^i'^gi'"b- 
yerol  Counties  above  mentioned,    Ihail,    the    VVeek'afer  rhe.  next  fucceeding  count "wt'hOie 
General  Court  following  the  Time  appointed  by  Law  ior  their  Collecting  or  Rt-  i''-"^"'*''- 
ceiving  thenofj  upon  Oath,  account  for  and  pay  the  fame  to  the  Public  Trea-         <.-- 
furcr  afortfaid,  at  Ncivbern^  und<_r  the  Penalty  oi  Twewty  Pounds,  Proclainati-  .-^   ^ 
on  Money. 

Y.  A  N  D  be  it  further 'Enacted^  by  the  Authority  afar e fa? d,  That  the  faid  Trafurer  to  fcs 
,  Public  Treafurer  is  hereby  authorized,  impowered,  and  required,  to  fue  and  pro-  Ncgl-frtherein! 
fecute  all  fuch  ShcriFs  or  other  Ferfons  who  have  herttotbre  been,  or  (hall  here- 
after be,  concerned  in  the  Collecting  or  Receiving  the  Public  Monty,  or  who 
have  or  (hall,  at  any  Time  hereafter,  have  any  of  the  faid  Money  in  their  Flands 
within  the  faid  Counti;  s,  and  fliall  neglect  or  refufe  to  account  for  and  pay  the 
fame,  and  alfo  oft  the  fevefal  Bonds  given  by  each  and  every  of  the  faid  Sherifs 
or  other  Perfons  in  any  of  the  faict  refpective  C  ounties,  for  the  due  and  faithful 
Performance  of  their  feveral  Offices  afid  Duties;  arid  the  Clerks  of  the  fcveral 
County  Courts,  and  every  other  Perfori  or  Perfons,  having  fuch  Bond  or  Bonds, 
Account  or  Accounts,  or  other  Papers,  in  his  or  their  Keeping  or  Pofiiffion,  is 
and  are  hereby  directed  and  required  to  deliver  the  fame  to  the  Public  Treafurer 
aforefaid  of  fuch  County  where  the  faid  Bond  or  Bonds  was  or  were  given,  or 
Accounts  or  other  Papers  lodged,  when  he  Ihali  demand  the  fame. 

VI.  A  N  D  be  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid  Tresfarer  ^  ac-' 
Public  Treafurer  fhall,  from  Time  to  Time,  as  often  as  required,  upon  Oath,  g"'][jj.''''1^  ^^'^ 
account  for  and  pay  to  the  General  Affembiy,  all  fuch  Sums  of  Money  which  he 

ihall  receive  by  Virtue  of  this  Act  j  for  which  Trouble  he  fhall  be  allowed  Five 
fer  CeJtt.  on  all  the  Monies  by  him  received  and  paid  into  the  Alfembly,  (except 
the  Money  he  (liall  receive  from  the  Exe<  iitors  of  the  faid  Edward  Mcfeky,  Efq  ; 
which  was  lodged  in  his  Flands  for  building  the  Ports,)  and  may  deduct  the  fame 
accordingly,  as  aforefaid. 

VII.  A  N  D  be  it  Enacted,  That  the  Penalties  in  this  Aft  mentioned,  fhall  rvraiti^  h^w  to 
be  fucd  for  arid  recovered,  in  the  General  Court  of  this  Province, 'by  Action  of  ^'=':"°^"=^  ''"'^ 
Debt,  Bill,  Plaint,  or  Information ;  wherein  no  EiToign,  Protedion,  Injundlion, 

or  Wager  of  Law  fhall  be  allowed  or  admitted  of;  Two  Thirds  whereof  fliall  be 
applied  to  the  Ufe  of  the  Public,  and  the  otlier  Third  to  the  Treafurer  aforefaid. 


VIII.  A  N  D  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  this  A6t 
fhall  continue  in  Force  fo  long  as  the  Adt  before  mentioned,  for  appointing  Pub- 
lic Treafurers,  and  no  longer. 


Continunnc: 
the  Aa. 


I  ifci*  III       II 


C  H  A  P,' 


-^oS  ^  A   IV   S     of    North-Carolina. 


•^-•v- — '  CHAP.    VL 

An  ASi^  to  Confirm  the  feiieral  ASls  of  Affemhly  of  this  Provi?2ce  therein 
mentioned^  as  Revifd  by  the  Commijjioners  appointed  by  an  Adf  of  the 
Geicrd  Afembiy  of  this  Frovijice^  ifitituledy  An  Adt,  for  appointing 
CommifTioners  to  Revile  and  Print  the  Laws  of  this  Province  j  and 
for  granting  to  his  Majefty,.  for  defraying  the  Charge  thereof,  a  Duty 
on  Wine,  Rum,  and  diftillcd  Liquors,  and  Rice  imported  into  this 
province;  and  fuch  other  Laivs  of  this  Prsvince  as  have  been  pajfed 
fince  the  faid  Revifal  j  a7id  to  dire5i  the  Printing  of  the  faid  Laws, 

Preimbie.  I.  '\kT  H  E  R  E  A  S  the  whoic  Bocly  of  the  Laws  of  this  Prcvincp,  to  the 

VV  Seventh  Day  of  March^  in  the  Year  of  our  Lord  One  Thoufand  ^e- 
ven  Hundred  and  Porty  Six,  have,  in  Purfuance  oi'  tl'ie  Act,  For  appointing 
Ccmnvjfioners  to  Recife  and  Print  the  Laws  of  this  Province  j  and  for  grant mg  to 
bis  Majejlyy  fcr  defraying  the  Charge  thereof,  <i  Duty  en  Wme^  Rum,  and  diflnUd 
Liquors^  and  Rice  imported  into  this  Province^  pafled  the  Stventh  Day  of  Munh^ 
in  the  Year  of  our  Lord  One  ThouLnd  Seven  Hundred  and  Forty  Six ;  anc.  the 
Act,  f'o  alter  and  amend  an  Act,  intituled.  An  Act,  for  appointing  Commif- 
fioncrs  to  Rcvife  and  i-'rint  the  Laws  of  this  Province  ;  and  for  granting  to  his 
IVlajafty,  for  defraying  the  Charge  thereof,  a  Duty  on  Wine,  kuuu  ana  uiftilkd 
Liquors,  and  Rice  imported  into  this  Province,  pafled  the  I-utetnth  Li.y  of 
October,  in  the  Year  of  Our  Lord  One  Thoufind  Seven  Huncrcd  and  Jbcrty 
Eight  i  been  carefully  Compiled  and  Revifed,  and  the  faid  R(  vifal  laid  bcfuie 
both  Pioufes  of  this  prefcnt  i^lfembly,  and  approved  of  by  the  faid  Houf^-s : 

11.  W  E  pray  that  it  may  be  Enacted,  And  be  it  Enacted-,  by  bis  Exce'lercy 
Gabriel  Tohhilon,  Efq-,  Governor,  by  and  "Joith  the  Advice  and  Confent  of  his  Mu- 
jefiy's  Council,  and  the  General  Ajfembly  of  this  Province^  and  by  the  Authority  of 
thejame.  That  the  feveral  Acts  puffed  at  a  GenLr.iI  Biennial  Affembly,  held  ut 
the  Houfe  of  Captain  Richard  Sanderfcn,  at  Lntle  River,  hi  gun  the  Seventh 
Day  of  November,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 
Fifteen,  and  continued,  by  fi.v.  ral /^djournmtnts,  until  the  Ninet-f-nth  Day  of 
January,  in  the  faid  Year  of  our  Lord  One  Thoufand  Seven  Plundrtd  and  i-if- 
teen,  intituled  as  follows ;  to  'izia. 

Tides  or  Afiu      Coroners  appointed. 

piffu  1715.  j^jj  _^(C^^  to  dired  the  Method  to  be  obferved,  in  the  Examination  and  Com- 

mitment of  Criminals. 

An  Ad,  to  diredl  the  Difpoful  of  Goods  taken  upon  Execution  -,  and  for  the 
better  Regulation  of  Diftreires  hencaiter  to  be  made  fcr  Levies  and  Quit- 
Rents.  _     • 

An  Ad,  concerning  Appeals,  and  Writs  of  Error, 

An  Act,  concerning  old  Titles  of  Land  i  and  ior  Limitation  of  Actions,  and 
fur  avoiding  Suits  in  Law. 

Feme  Coverts  how  to  pafs  Lands, 

An  Act,  for  preventing  Difputes  concerning  Lands  already  furveyed. 

An  Act,  concerning  Efcheat  Lands,  and  Lfcheatcrs; 

An  Act,  to  regulate  divers  Abufes  in  the  taking  up  of  Lands  •,  and  to  afc^r- 
tain  the  Method  to  be  obferved,  from  henceforth,  in  taking  up  and  lur* 
veying  Lands. 

An  Ad,  for  Entring  of  VefTels,  and  to  prevent  the  Exportation  of  Debtors. 

An  Ad<  concerning  Roads,  and  Ferries. 

lin  Ad,  To  encourage  the  Building  of  Miils. 

Aft 


L  A  ^y  S    of    North-Carolina.  -509 


An  Aft,  To  appoint  Public  Regifters,  and  to  diredt  tlie  Method  to  be  ob-    ^^  ^-  .'"^5' 

'  in  conveying  Lands,  Goods,  and  Chattds  •,  and  for  preventing  frau-  *^ ^ 

.t  Deeds  and  Mortgages. 

,  for  afcercaining  the  Gauge  of  Barrels,  and  to  prevent  Frauds  in  Pork, 
,  Pitch,  and  I'ar. 

t,  appointing  1  oil-Books   to   be  kept  at  or  near   Caiheri}je^s  Creek, 
'.howan  Precinct,  the  Head   of  Pequimons  Precinft,  and  at  the  Mouth  of 
■th-weft  River,  in  Currituik  Precind  -,  and  to  prevent  Perfons  from  tranf- 
ting  or  driving  Horfes,  Cattle,  or  Hogs,  to  other  Perfons  Lands. 
:  Fences  are  fuificicnt. 
ite  Burials  prohibited. 

Aft,  Concerning  proving  Wills,  and  granting  Letters  of  Adminiftration  i 
id  to  prevent  Frauds  in  the  Cvianagmenc  of  Intefliates  Eftates. 
A6t,  concerning  Orphans. 

Ad,  for  appointing  a  Town  in  the  County  of  Bath  j   and  for  fecuring 
he  Public  Library  belonging  to  St.  Thomases  Parilh,  in  Pamplico. 
.  A6t,  for  reftraining  the  Indians  from  molefting  or  injuring  the  Inhabitants 
of  this  Government  j  and  for  fecuring  to  the  Indians  the  Right  and  Pro- 
perty to  their  own  Lands, 
ablic  Treafurers  to  give  Account. 

n  Aft,  impowering  Joannah  PeierfoHy  Widow  of  'Thomas  Peterforiy  late  of 
AlbermarU  County,  Efq  ;  to  make  Sale  of  certain  Lands,  late  belonging 
to  the  faid  Thomas  Peterfon  •,  and  to  make  other  Provifion  for  Jmia^  the 
Daughter  of  the  faid  Thomas  Peterfony  to  whom  the  faid  Lands  do  defcend. 
An  Aft,  confirming  the  Titles  of  fundry  Perfons  who  have,  or  hereafter  may, 
purchafe  Lands  of  Colonel  Thomas  Cary^  in  Bath  County. 

And  the  Law  pafled  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  Aft  pafied  17*^, 
md  Twenty,  intituled  as  follows  •,  to  wit^ 

An  Aft,  to  confirm  a  Decree  made  in  the  Court  of  Chancery  of  this  Province, 
upon  a  Bill  of  Complaint  exhibited  by  fFilliam  Duckenfield^  Efqj 

And  the  Laws  paffed  at  a  General  Biennial  Aflcmbly,  held  at  Edenton  in  Cho-     »?«. 
wan  Precinft,  begun  the  Second  Day  of  O^obery  and  continued,  by  feveral  Ad- 
journrinents,  to  the  NineteeRth  Day  of  OaobeVy  in  the  Year  of  our  Lord  One 
Thoufand  Seven  Hundred  and  Twenty  Tw©,  intituled  as  follows  •,  to  wit^ 
An  Aft,  for  a  Road  from  Core-Point  to  Newbern^  on  Neus  River. 
An  additional  AcT:  to  an  Aft,  intituled.  An  A£fy  appointing  Toll-Books. 
An  Aft,  appointing  that  Part  of  Albemarle  County,  lying  on  the  tVeJi  Side  of 

Chowan  River,  To  be  a  Prccinft,  by  the  Name  of  Bertie  Precinft. 
An  Aft,  appointing  chat  Part  of  the  South'weji  Parilh  of  Chonpayiy  that  lies  on 
the  South  Shore,-  and  Alligator^  to  be  a  diftinft- Parilh,  by  the  Nam.e  of    the 
South  Parilh  o{  Chowan  \  and  for  appointing  Veftrymen  for  the  lame  Parilh. 
An  Act,  for  fettling  the  Pi'ecinct  Courts,  and  Court-houfes. 

And  the  Laws  paffed  at  a  General  Biennial  Afiembly,  held  at  Edeniony  the     >7*3' 
Twenty  Third  Day  of  November^  in  the  Year  of  our  Lord  One  Thouland  ^tw^n 
Hundred  and  Twenty  Three,  intituled  as  follows  •, 
An  Act,  for  fettling  the  Titles  and  Bounds  of  Lands. 

An  Act,  for  an  additional  Tax  on  all  free  Negroes,  Mulattoes,  Muftees, 
and  fuch  Perfons,  Male  and  Female,'  as  now,  or  hereafter  Ihall  be  inter- 
married with  any  fuch  Perfons,  refident  in  this  Government. 
An  additional  Act,  to  an  Act,  intituled,  yf«  yff/,  concerning  proving  Wills ^  and 
granting  Letters  of  Adminijiraticn  •,  and  to  prevent  Frauds  in  the  Manage  • 
went  of  Intejtates  E-Jlates. 

Ah 

I4 


3IO 


LA    W   S     of    North-Carolina. 


A.  D.  1749-        An  Act,  to  reftrain  the  keeping  too  great  a  Number  of  Horfes  and  Mares, 

V y^ *  ^^^  f-Qj.  amending  the  Breed. 

Ah  Act,  for  the  better  fettling  of  the  Town  of  Newhern,  in  the  Precinct  -of 

Craven. 
An  Act,  for  incorporating  the  Sea  Port  of  Beaufort,  in  Carteret  Precinct,  into 
a  Townfliip,  by  the  Name  of  Beaufort. 

Afti  paffei  if  17.  And  the  Laws  paffed  at  a  General  Biennial  Aflembly,  held  at  Edenton,  the 
Sixth  Day  of  Novsmher,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hun- 
dred and  Twenty  Seven,  intituled  as  follows ;  to  wit. 

An  Act,  to  appoint  the  iVbr/i^w^  Partfh  of  Bertie  Ptecinct  adiftinct  Parifh,  by 
the  Name  of  the  Nortkweft  Parifli  of  Gertie  Precinct,  and  for  appoint- 
ino-  Veftrymen  for  the  faid  Parifli ;  and  to  appoint  CommifTioners  in  tvery 
Parifh  in  this  Government  to  call  the  Churchwardens  and  Veftry  to  Ac- 
count, for  the  Parifh  Money  by   them   received. 

jTjz  And  the  Laws  paffed  at  a  General  Biennial  Affembly^  held  at  Edenton,  the 

Twenty  Seventh  Day  of  November,  in  the  Year  of  our  Lord  One  Thoufand 
Seven  Hundred  and  Twenty  Nine,  intituled  as  follows; 

A<^  Adl,  for  the  more  quiet  fettling  the  Bounds  of  the  Meherrin  Indians  Lands. 
An  Adt,  to  make  Hyde  Precinft  feperate  from  Beaufort  Precind,  with  Power 

of  erecting  a  Court-houfe,  and  holding  Courts. 
An  Ad,  to  appoint  that  Part  of  Albemarle  County  lying  on  the  South  Side  of 

Albemarle  Sound,  and  Moratuck  River,  as  high  as  the  Rainbow  Banks,  to 

be  a  Precinct,  by  the  Name  of  Tyrell  Precinct. 
An  additional  Act  to  an  Act,  for  appointing  Toll-Books  •,  and  for  preventing 

People  from  driving  Horfes,  Cattle,  or  Plogs,  to  other  Peoples  Lands. 
An  A61,  for  the  more  effectual  and  fpeedy  putting  in  Execution  the  Act  for 

fettling  the  Titles  ahd  Bounds  of  Peoples  Lands. 
An  A<5t,  to  confirm  Bath-Town  Common, 
An  Aft,  for  Regulating  Veftn'es  in  this  Government,  and  for  the  better  in- 

fpecting  the  Vefbrymen  and  Churchwardens  Accounts,  of  each  and  every 

Parifh  in  this  Government. 

j(734,  ^-  And  the  Laws  paffed  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred 

af>d  Thirty  Four,  intituled  as  follows ;  to  wit. 

An  additional  Act  to  ah  Act,  concerning  Roads  and  Ferries. 
An  A6f,  to  confirm  and  eftablifh  the  Precincts  6f  Onflow  and  Bladen,  and  for 
appointing  them  diftinct  Parifhes. 

^^  J  And  the  Laws  paffed  at  a  General  Affembly,  held  at  Newhern,  the  Sixth  Day. 

of  March,  in  the  Year  of"  our  Lord  One  Thoufand  Seven  Hundred  and  Thirty 
Eight,  intituled  as  follows ;  to  wit. 

An  Aft,  for  appointing  Sherifs  in  the  Room  of  Marlhals  of  this  Province,  for 
prefcribing  the  Method  of  appointing  them,  and  for  limiting  the  Time  of 
their  Continuance  in  Office,  and  directing  their  Duty  therein  •,  and  for  abo- 
hfhing  the  Office  of  Provofl  Marfhal  of  this  Province,  and  for  altering  the 
Names  of  the  Precincts  into  Counties. 
An  Aft,  to  prevent  killing  Deer  at  unfeafonable  Times. 

An  Aft,  for  appointing  a  Town  on  the  Plantation  whereon  IVilliam  iFehfier 
is  now  dwelleth,-  in  Hyde  Precinct,  on  the  JVefi  Side  of  Matchapmgo  River. 


t 


And  the  Laws  paffed  the  Eighth  Day  of  March,  in  the  Year  lafl  above  faid, 
intituled. 
An  Aft,  to  fupply  the  Defect  of  an  Act  paffed  lafl  Seflion  of  Affembly,  inti- 
tuled, An  A£ti  for  appointing  Sherifs  in  the  Room  of  Marpals  of  this  Pro- 

4.  ,  viiice., 


-iiAi 


L  A  py  S     c/',  North-Carolina.  ^u 

vince^  for  prsfcribing  tke  jMelhod  of  appointing  them^  and  for  limiting  the   ^-  ^-   i"49...' 

I^ime  of  thar  Continuance  in  Office^  and  directing  their  Dutv  therein  ;  and  ^ v ^ 

for  abolijhmg  the  Office  of  Provoft  Marfhd  of  this  Province^  and  for  al- 
tering the  Names  of^^the'  Prec:n5is  intd^Counties. 

And  the  Laws  pafil-d  at  -  K^^..v.r^.  x^x.^uibl^,  [vAd  zt  Nezvhern,  the  Tv.-enty  Aaspaff:di73r, 
Fifth  Day  of  February,  in  irit  Year  of  our  Lord  One  I'houfafid  ijevcn  H\:ndred 
and  Thirty  Nine,  irititukdasfoliowo ;  to  wU^ 

An  A6t,  for  prefcribing  the  Mcciiod  of  proving  Book.  Debts.     • 
An  Aa,  for  erefting  the  Village  called  Newton,  in  New-Hanover  County^' 
into  a  Town  and  'I'ownlhip,  by  the  Name  of  Wilmingtcn, 

And  the  Laws  paffed  ar.  a  General  Affembly,  held  zx  Edenton^  the  Twenty     1740. 
Firft  Day  of  Augujty  in  the  Year  of  our  Lord  One  Thoufiind  Seven  Hundred  and 
Forty,  intituled  as  foDov/s  •,  to  wit^ 

An  Adl,  for  confirming  the  Titles  to  the  Town  Lands  of  Edenton,  for  fecurin^r 
the  Privileges  heretotore  granted  to  the  faid  Town,  and  for  further  En- 
couragement  and  better  Regulation  thereof. 

An  A61,  to  enable  the  Comniiflloners  herein  after  appointed,  to  erect  and  finiih. 
a  Church  at  Neibbern^  in  Craven  County  and  Parilh,  in  the  Province  afore- 
«S**      laid,  and  for  the  better  regulating    the  faid  Townj  and  other  Purpofes 
therein  mentioned. 

An  Act,  to  enable  the  Commiffioners  herein  after  mentioneJ,  to  finiili  the 
Church  already  begun  at  Edenton. 

An  A61,  for  the  further  and  better  Regulation  of  the  Town  called  Wilmington, 
in  New-Hanover  County,  and  to  eftablifli  the  Church  of  tiie  Parifh  .of  St.' 
James,  to  be  built  in  the  faid  Town.  '* 

An  A6t,  for  the  more  effectual  eftablifliing  a  Ferry  from  Buth-'Town  to  Core- 
Point,  &c. 

An  Adf,  to  exempt  the  Inhabitants  ^rf  Bath-lown  from  working  on  the  Pub- 
lic Roads,  and  to  oblige  the  faid  Inhabitants  to  clear  and  keep  the  Streets  of 
the  faid  Town  clear  and  in  good  Order.  ,  r 

An  Ad,  to  enable  the  Juitices  of  Tyrrel  County  to  build  a  Warchcufe  on' 
Scuppernong,  for  receiving  of  his  Majefty's  Qiiit-Rents. 

An  Ad:,  for  granting  an  Aid  to  his  Majefty,  to  defray  the  Expences  of  tninf- 
porting  the  feveral  IVoops  inlilled  in  his  Majefty's  Service  in  this  Colony,' 
and  to  afcertain  the  Method  of  paying  all  Taxes  and  Levies  in  Commo- 
dities ;  and  for  other  Purpofes  therein  mentioned. 

And  the  Laws  pafied  at  a  Genefal  AjfTembly,  held  at  Edentai,  the  Fourth  Day 
of  April,  in  the  Ye^r  of  our  Lord  One  Thoufand  SeVeti  Hund^-ed   and  Forty 
One,  intituled  as  follows  -,  to  wit. 
An  Ad,  concerning  Marriages. 

An  Ad,  to   make  and  Conhrm  that  Part  of  the  Main  Road  leading  Trom 
Be^net'^Qrtok  Bridge  to  Virginia,  joining  to  Mr.  Henry  Baker\  in  Chowan 
County,  altered  for  the  Conveniency  of  the  Public  by  the  adjacent  Inhabi- 
tant;;, to  be  the  Main  and  Public  Road. 
An  Ad,  to  appoint  Conftables. 

An  Ad,  to  confirm  and  erect  that  Part  of  the  Province  of  North-Carolina, 
called  Edgcomb  County,  into  a  County,  by  the  Name  of  Edgcomb  Coiimy, 
and  eftablifhing  the  faid  County  a  Parifh  •,  and  for  afcertaining  the  Boundary 
Line  between  the  Nouhwefi  znd^  Society  Parifhes,  in  Bertie  County. 
An  Ad,  to  prevent  ftealirig  of  Cattle  and  Hogs,  and  altering  and  defacing 
Marks  and  Brands,  and  mifmarking  and  mifbranding  Horfes,  Cattle,  and 
"'      '**Hogs,  unmarked  and  unbranded. 

An 


1741. 


I 


312  *"  L  A  PT  S    ^North-Carolinav 

J*  ^-  '749^      An  Ad,    for  afcertaining  the  Boundary  Line  between  Tyrrel  County,    and 
^"  Beaufort  County  •,  and  between  Edgcomb  County,  and  T>rrf/  and  Beaufort 

Counties. 

An  Aft,  for  reftraining  the  taking  of  excefllve  Ufury. 

An  A£t,  for  appointing  and  laying  out  a  Town  on  or  near  Mittam's  Point; 
on  the  South  Side  of  Nruo  River,  in  Onflow  County,  by  the  Name  of  John- 
.  fton. 

An  A£l,  tc  prevent  the  taking  Boats^  Canoes,:  or  Pcttiaguas,  from  Landings^ 
or  elfewherc,  without  Leave. 

An  Ad:,  for  the  better  Obkrvation  and  keeping  of  the  Lord's  Day,  commonly 
called  Sunday ;  and  for  the  more  sfFeftual  Suppreffion  of  Vice  and  Immo- 
rality 

An  Aft,  for  the  Tryal  of  fmall  and  mean  Caufes. 

An  Aft,  for  afcertaining  the  Damage  upon  protefted  Bills  of  Exchange. 

An  Aft,  for  regulating  Weights  and  Meafures. 

An  Aft,  for  the  building,  and  maintaining  of  Court-houfes,  Prifons,  and 
Stocks,  in  every^  County  within  this  Province,  and  appointing  Rules  to 
each  County  Prifon  for  Debtors. 

An  Aft,  the  better  to  enable  the  Commiffioners  appointed  for  building  a 
Church  at  Newberm  to  ereft  the  fame,  and  to  impower  them  to  demand 
and  receive  of  any  Perfon  or  Perfons,  all  Parilh  Levies  already  laid,  and  not 
appropriated  ;  and  for  other  Purpofes  therein  mentioned. 

An  Aft,  for  regulating  Ordinaries,  and  for  the  Reftraint  of  Tippling-houfes. 

An  Aft,  for  the  Relief  of  fuch  Perfons  as  have  fuffcred,  or  may  fuffer,  by 
Neglcft  of  the  Rcgifters  of  the  fevefal  Counties  within  this  Province,  iii., 
regiftring  their  Deeds  or  mefne  Conveyances;  as  alfo  for  Want  of  acknow- 
fedging  and  proving,  or,  through  Ignorance  and  Negleft,  not  applying  to' 
have  the  fame  regiflred. 

An  Aft,  for  eftablifhing  the  Church,  for  appointing  Parifhes,  and  the  Me- 
thod of  electmg  Veflries  •,  and  for  ^directing  the  Settlement  of  Parifh  Ac- 
,  counts  throughout  this  Government. 

An  Aft,  Concerning  Servants  and  Slaves. 

Aflp««-e,ji74T.       And  the  Law  pafTed  at  IVilmingtoni  in  the  faid  Year  of  our  Lord  One  Thou- 
fand  Seven  Hundred  and  Forty  One,  intituled  as  follows ;  to  tso't^ 

An  Aft,  for  erecting  the  upper  Part  of  Bertie  County  into  a  County,  Uy  the 
Namp  of  Northampton  County,  and  for  regulating  the  Limits  between  Society 
Parifh  and  the  Northweft  Parifh  of  Bertie ;  and  for  removing  the  Seat  of 
Bertie  Courts 


S743. 


And  the  Laws  pafled  at  a  General  AfTembly,  held  at  Edenton^  the  Second  Day 
of  ApriU  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Forty 
Three,  intituled  as  follows  ;  to  wit. 

An  Act,  to  regulate  Elections  for  Members  to  ferve  iri  General  AfTembly  for 
the  feveral  Counties,  to  declare  who  fnaJl  be  qualified  to  vote  in  the  faid 
Elections,  or  to  be  elected  a  Member  of  the  General  Aflembly,  for  any  of 
the  faid  Counties  \  and  to  direct  the  Method  to  be  obferved  in  taking  the 
Poll  at  the  feveral  Elections  in  the  Counties  and  Towns  in  this  Province. 

An  Act,  for  obtaining  an  exact  Lifl  of  Taxables,  and  for  the  effectual  col- 

,  Jecting  as  well  ail  Arrears  of  Taxes,  as  all  other  Taxes,  for  the  future,  due 
and  payable. 

An  Act,  to  impower  the  Juftices  of  Beaufort  County  to  build  two  fubflantial 

•  Warehoufes,  at  the  Places  hereafter  mentioned,  in  the  faid  County,  for  the 
Ufe  and  Conveniency  of  the  Inhabitants  paying  their  Taxes  and  Levies. 

An  Act,  to  afcertain  what  Attornies  Fees  fhall  be  taxed  and  allowed,  in  any 
Suit  or  Action  brought  in  any  of  the  Courts  of  Record  in  this  Province. 

An 


Ia  A     PV    S      of     N  O  R  T  H  -   C  A  R  O  L  I  N  A.  3  1 5. 


An  Act,  tur  iimking  and  cL:.";;-''^  a  i-ligii->-vay  from  E'dentoji^  into  the  Hoad  ■''^-  ^  '^19« 
kading  over  Mr.  UcfiirC%  Iviiii  Dam,  cowards  Psqu.mLns  Court-houfc,  and  *"""  V'"^ 
lor  erecting  Bridges  in  Ilich  Road,  and  alio  another  Gate  at  Edsnion. 

An  Act,  for  erecting  a  Court-houfe,  Prilbn,  and  Stocks,  m  Beriie  County, 
and  for  Jaymg  a  l"ax  on  the  inhabitants  of  the  faid  County,  for  defraying 
the  Charge  thereof. 

.  And  the  Laws  paSl-d  at  a  General  Aficmbly,  held  at  Newherrii  the  Twentieth     J7<«- 
Day  of  JpriU  in  the  Year  of  our  Lord  One  Tl-ioufand  Stvcn  Hundred  and 
Forty  Five,  intituled  as  follows ;  io  wa^ 

An  addition.il  ht\  to  an  Att,  intituled,  An  A5f,  for  appo'iKting  Sherifs  in  the 
Room  of  Marfhals  of  this  Province^  for  prefer. b.ng  the  Mi t hod  of  appointing 
-  them,  and  Itm: ling  the  Time  of  their  C:n[inuance  in  Office,  and  dire^/ng  their 
Duty  therein  ;■  and  for  altering  the  Names  of  Precincts  into  Counties. 
An  additional  Ad  to  an  Acf,  intituled.  An  yi£f,  to  prevent  kilhng  Deer  at  un-  , 

feafonabk  'Jaime's,  and  for  putting  a  Stop  to  many  Ahufes  committed  ly  white 
Per  fans.  Under  Pretence  of  hunting. 
An  Aci,  tor  impowcring  the  fcvtral  Com  mi  iTi  oners  L^rein  after  named,  to 
maicf,  mend,  and  repair  all  Roads,  Bridges,  Cuts,  and  VV'ater-Courfes,  al- 
ready laid  out,-  or  hereatter  to  be  laid  out,  in  the  fcveral  Counties  and  Lif- 
trifts  hefein  after  appointed,  in  fuch  Manner  as  they  ihall  judge  moft  ule- 
K      ful  to  the  Public. 
An  Adc,  for  erecting  a  Fortification  on  the  lower  Part  of  Cape-Pear  River, 
for  applying  thereto  the  Powder  Money  already  arif:n,  or  which  fnali  arife,- 
by  Shipping  coming  into  the  Port  of  Brunfwick. 
•i-,An  A£l,  to  appoint  Commiliioners  in  the  Place  and  Stead  of  thofe  deceafed^ 
to  conipleat  and  finifh  the  Church  at  Newbern,  and   for  adding-the  prifenn 
Churchwardens  and  Vc-lLrymen  to  die  faid  CommifTioners  ;  and   for  impow- 
-     cring  the  faid'Conlmiflioners,  Churchwardens,  and  Vcilrymen,'  to  call  tha 
former  CommiiTioners  to  Account,  for  all  the  Monies  by  them  received  fof 
the  Ufe  of  the  laid  Church,  and  to  appropriate  it  to  the  Purpofs  aforefaid  j 
and  in  Cafe  6f  Infufficitncy,  to  lay  a  Levy  to  accomplifh  the  fame. 
An  Acf,  to  aikl  that  Part  of  the  Province  called  Matamaskeet^  and  Lake,  to 
;'      Hyde  County. 

An  A6t:,  to  impower  the  Commiffioners  for  tht  Town  of  Edenton,  to  keep  in 

:       Repair  the  Town  Fence,  and  to    erect  and  build  a  Pound,  Bridges,  and 

^    Public  Wharf,  and  Market-houfe  -,  as  alfo  to  erect  and  build  a  School- houfc 

in  the  faid  Town,  and  other  Purpofes  therein  mentioned. 
An  Ad,  for  the  better  regulating  the  Town  oi  fVilniingtony  and.  for  confirming 

and  eltdblilhing  the  late  SurVey  of  the  fume,  with  the  Plan  annexed. 
An  Ad,  for  ttncing  the  Town  of  Bath^  and   rt-fur\-eying  the  Common  be- 
;       longing  to  the  faid  Town,  and  exempting  the  Inhabitants  irom  working  on 
the. Main  Road;  and  to  give  Liberty  to  the  Inhabitants  to  build  and  im- 
prove  the   Front  or  Water  Lots,  and  to  appoint  Commiffioncrs  for  the 
Purpofes  aforefaid. 
An  Adt,  to  encourage  Ptrfons  to  fettle  in  the  Town  of  Brunfjoick.^  on  the 
■  Scuthwejl  Side  of  Cape-Fear  River. 

And  the  Laws  paffed  at  a  General  Affdmbly,  held  at  Newbern^  the  Twenty     '74^ 
Eighth  Day  qj>"  June,  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred 
and  Forty  I^ix,  intituled  as  follows ;  to  iv:t, 

;■  An  Ad,  ibr  the  better  r;  gulating  the  iVlilitia  of  this  Government. 
.  An  Ad,  for  erecting  the  upper  Part  of  Craven  County  into  a  County  and 
.    ^  P.irilh;  and  for  appointing  a  Place  for  building  a  Court-houfe,  Prilbn,  and 
Stocks,  in  the  faid  County, 

K  4  An 


314  L    A    JV    S      o/^NoRTH-CAROLINi^. 

yf  D    .749         An  Aft,  for  dividing  iL^p-rw;/' County  and  Parilh,  and   for  trcctmg  the  upper 
C- — y — — '  pgj.j.  thereof  into  a  County  and  r'arifh,  by  the  Name  of  Granville  County, 

and  St.  yobn*&  Parifh  j  and  for  appointing  Veftrymen  of  the  faid  Parilh. 

fttt«pt(W»f40,  AncJ  the  Laws  piiflod  at  a  General  AfTembly,  held  at  IVilmingtcn,  the  Fifth  Day 
of  Dscem/piri  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Forty 
Six,  intituled  as  follows  ;  to  w:ty 

An  Act,  for  the  better  afcertaining  the  Number  of  Members  to  be  chofen  for 
the  feveral  Counties  within  this  Province,  to  fit  in  General  Afiembly,  and 
for  eftablifhing  a  more  ecjual  Repi-efentativc  of  all  his  Majefty's  Subjects  in 
the  Houfe  of  Burgeffes. 
An  Act,  to  fix  a  Place  for  the  Seat  of  Government,  and  for  keeping  Public 
Offices  i  for  appointing  Circuit  Courts,  and  defraying  the  Expence  thereof; 
and  alfo  for  Eilabiilhing  the  Courts  of  Juftice,  and  regulating  the  Proceed- 
jngs  therein. 

And  the  Law  pafTed  at  a  Genr-ral  AfTembly,  held  at  Newhern^  the  Seventeentk 
i)ay  of  March^  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and 
Forty  Six,  intituled  as  follows  •,  to  w^t^ 

An  Act,  for  appointing  Comraiftlaners  to  Rcvife  and  Print  the  Laws  of  this 
Province,  and  for  granting  to  his  Majcfty,  for  defraying  the  Charge  thereof, 
»  Duty  on  Wine,  Kum,  and  diftilled  Liquors,  and  Rice  imported  into  this 
Province. 

*>♦«.  And  the  Laws  pafTed  at  a  Central  Afiembly,  held  at  Netvhern,  the  Sixth  Day 

of  Aprik  in  the  Year  of  our  Lord  One  Thoufand  Seven  Hundred  and  Forty 
Eight,  intituled  as  follows  •,  to  wit^ 

An  Act,  to  appoint  Public  Treafurers.  '•' 

An  Act,  for  regulating  the  fevc  ral  Officers  Fees  within  this  Province,  and  af- 
certaining the  Method  of  paying  the  fame. 

An  Act,  for  laying  a  Tax  on  the  Inhabitants  of  Granville  County,  and  for 
appointing  Commmifi>oners  to  compleat  and  »finilh  the  Public  Buildings  al- 
ready begun  in  the  faid  County; 

An  Act,  to  prevent  the  Exportation  of  raw  Rides,  Pieces  of  Hides,  and 
Calfskins,  out  of  this  Government. 

An  A£t,  to  appoint  Commiffioners  to  continue  running  the  Boundary  Line 
between  Edgcomb  County,  'Tyrrel,  and  Part  of  Beaufort  Counties. 

An  Act,  for  Deftroying  of  Vermin  in  this  Province. 

An  A(ft,  to  enlarge  the  Time  for  the  Commiflioners  of  the  Roads,  appointed 
by  the  Act  of  Afiembly  paffed  /ipril  the  Twentic  th^  One  Thoufand  Severn 
Hundred  and  Forty  Five,  intituled,  An  /I£f,  for  impo-wering  the  feveral 
Commffioners  herein  after  nanted,  to  make,  mcnd^  and  repair  all  Roads  and 
Brid^resy  Cuts  and  IVater-Courfes,  already  laid  oiit^  or  hereafter  to  he  laid  out, 
in  the  feveral  Counties  and  D;ftri5ls  herein  after  appointed^  in  fuch  Manner 
as  they  fhall  judge  m(tft  ufeful  to  the  Public^  to  recover  the  feveral  Sums  due 
from  Defaulters. 

An  AGiy  to  provide  indifferent  Jnrymen  in  all  Cauies  both  Civil  and  Criminal, 
and  for  an  i\ilowance  for  their  Attendance. 

An  A61:,  to  alter  the  1  imes  for  holding  Courts  for  the  County  of  New-Hanover. 

An  A<51:>  for  granting  unto  his  Majefiy  the  Sum  of  Twenty  ©ne  Thoufand 
Three  Hundred  and  Fifty  Pounds  Proclamation  Money,  and  for  Stamping 
and  Emitting  the  faid  Sum  of  Twenty  One  Thoufind  Three  Hundred  and 
Fifty  Pounds,:  Public  Bills  of  Credit  of  this  Province,  at  the  Rate  of  Pro- 
clamation Money,  to  be  applied  towards  building  Fortifications  in  this  Pro- 
vince, Payment  of  the  Public  Debts,  exchanging  the  prefent  Bills  of  Cre- 
dit, and  for  making  proper  Prgvifion  for  delra^^ing  the -contingent  Charges 


•  L  A  J'^'  S    of    North-Carolina. 


315 


of  the  Government  i  and  ioi  Repealing  ths  fcveral  Laws  herein  after  men-   ^-  ^-   '^49- 
tioned.  *" V ' 

And  the  La^^'■s  paiTed  at  n  General  AlTembly,  held  2.1  Newhern,  the  Fifteenth  AftspaffUiy**. 
Day  of  OHober^  in  tne  faid  Year  of  our  Lord  One  Thouland  Seven  Hundred  and 
Forty  Eight,  intituled  as  follows  i  to  wit. 

An  Act,  to  appoint  a  convenient  Place;  for  holding  the  County  Court  of  Gran- 
ville, and  to  impower  the  Commiffioncrs  hereaftjr  named  to  build  a  Court- 
houfe,  Prifon,  and  Stocks,  in  the  faid  County. 

An  A(fl,  for  defraying  the  Expencc  of  the  Members  of  his  Majefty's  Honour- 
able Council,  and  tne  Members  of  the  General  Afiembly  ot  this  Province, 
in  their  travelling  to,  from,  and  attending  at  the  faid  Affemblies  j  and  to 
compell  their  AttLndance. 

'An  Act,  for  afccrtuiniag  the  Bounds  of  a  certain  Tract  of  Land,  formerly  laid 
out  by  Treaty,  to  the  Ufe  of  the  ^ujkcrcra  Indians,  fo  long  as  they,  or  any 
of  them,  {hall  occupy  and  live  upon  the  fame  ;  and  to  prevent  any  Perfon 
or  Pcrfoiis  taking  up  Lands  or  Lttling  within  the  faid  Bounds,  by  Pretence 
of  any  Purcnafe  or  Purchafcs  made,  or  that  Ihall  be  made,  from  the  faid 
l:-7dia.ns. 

An  Ad,  for  forming  a  Rent-Roll  of  all  the  Lands  holden  in  this  Province,  for 
qui' ting  the  Inhabitants '  in  their  roffciTions,  and  for  directmg  the  Payment 
of  Quit-Rents. 

An  A.cl,  to  appoint  an  Agent  to  follicit  the  Affairs  of  this  Province,  at  the 
fcvcral  Boards  in  England. 

An  Adt,  for  the  better  regulating  the  Town  of  Niwhertu  for  fencing  the 
fame,  and  fecuring  the  1  itles  ot  the  feveral  Perfons  who  hold  Lots  in  the 
faid  Town. 

An  Ad,  to  alter  and  amend  an  Ad,  intituled,  An  A£l^  for  appointing  Com- 
m'JJiorters  to  Revife  ar:d  Print  the  Laws  of  this  Province,  and  for  granting  t$ 
bis  Majefty,  for  defraying  the  Charge  thereof,  a  Duty  on  fFinCy  Rum,  and 
diJiilUd  Liquors^  and  Rue  imported  into  this  Province.  '- 

And  the  Laws  palled  at  a  General  Afiembly,  held  at  Newhern,  the  Fourteenth     1745^ 
Day  of  April,  in  the  Year  of  our  Lord  One  Thoufand  Scvcn  Hundred  and  Forty 
Nine,  intituled  as  follows  •,  to  wit. 

An  additional  Act,  to  an  Act,  \nlitn\tdi.  An  A£f,  for  forming  a  Rent -Roll  of 
all  the  Lands  holden  in-  this  Province,  for  qweting  the  Inhabitants  in  their 
Poffcflonsy  and  for  directing  the  Payment  of  ^Jt  Rents. 

An  Ad,  for  the  Relief  of  poor  Debtors,  as  to  the  Imprifonment  of  their 
Perfons. 

An  Ad,  for  the  Encouragement  of  James  Davis,  to  {et  up  and  carry  on  his 
Bulinefs  of  a  Printer  in  this  Province  ;  and  for  other  Purpofes  therein  men- 
tioned. 

An  Ad,  Directing  the  Method  for  cutting  of  docking  Intails  of  fmall  Eftates. 

And  the  Laws  pafied  this  prefent  Sefiion  of  Afiembly,  at  Ne-wbern,  the 
Sixteenth  Day  of  OSloher,  in  the  Htdx  of  our  Lord  One  Thoufand  Seven  Hun- 
dred and  Forty  Nine,  intituled  as  follows  -,  to  wit. 

An  Ad,  to  put  in  Force  in  this  Province,  the  fevefal  Statutes  of  the  Kingdom 

of  England,  or  South  Britain,  therein  particularly  mentioned. 
An  Act,  to  revive  a  Claufe  in  an  Ad  of  the  General  Afiembly,  intituled.  An 
A£l,  to  fix  a  Place  for  the  Seat  of  Government,  and  for  keeping  Public  Offices  \ 
for  appointing  Circuit  Courts,  and  defraying  the  Expence  thereof;  and  alfo  for 
Efiabljhing  the  Courts  of  Jifi  ce,  and  regulating  the  Proceedings  therein. 
An  additional  Ad  to  an  Adt,  intituled.  An  Act,  to  provide  indifferent  Jurymen 
in  all  Cau/es,  Civil  oftd  Criminal^  and  for  an  Allowance  for  their  Attendance. 

An 


3  J  6  -  Z/    ^    /^   fS"    '  O/"     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 


^  ^'   '^'^1^'       •^^  ■^*^»  ^^^  altering,  explaining,   and  continuing  an  Y\cr,  intituled,  An  Jet, 
""^"  for' the  better  Regulating  the  Militia  of  this  Gcvermr.cnt. 

An  Act,  to  apppoint  a  ir'ublic  Treafurer,  in  the  Room  of  the  Honourable  Ei- 
The  tffoe  r  =    ^oard M'jj'eley^  Lfqj  deceafed  :  And  cvt-ry  Claufe  and  Seftion  of  them,  and  each 
ted  Aftsdtdarcd  of  thcnTi  (cxccpt  fuch  Cliufc  and  Claufcs,  Section  and  Sedions,  which  are  be- 
I  te  lie  m  F«r«e.     come  obfolttc,  h'dvc  cxpircd,  or  (land  and  are  repealed  by  any  fubfcquent  Act  of 
the  General  Alfembly  ot  this  Province  herein  before  mentioned,)  are  hereby  Con- 
firmed, and  fhall   be  held,  deemed)  and  taken  to  be  and  remain  in  full  Force 
within  this  Province  ;  and  fhall  be  ir'rinttdi  and   given  in  Evidence,  agreeable  to 
the  afore- mentioned  Act,  intituled.  An  Act^  fcr  cffcintirg  Ccmmijficners  to  Revife 
end  Print  the  Laws  of  this  Province^  and  fcr  granting  to  his  Majefiy^  fcr  defray- 
ing the  Charge  thereof^  a  Duty  on  Wine^  Rum,  and  difiilled  Liquors^  and  Rice 
imported  into  this  Province;  and  the  Act,  intituled.  An  Act,  to  alter  and  amend 
«.n  Act,  intituled.  An  Act,  for  appointing  CommiiTioners  to  Revife  and  Print  the 
Laws  of  this  Province,  and  for  granting  to  his,  Majefty,  for  defraying  the  Charge 
thereof,  a  Duty  on  Wine,  Rum,  and.  diftilled  Liquors,  and  Rice  imported  into 
this    I'rovince. 

WhatSprc'ic  tT^.-      \\\^  AND  he  it  further  Enacted,  hy  the  Authority  cfcrefaid.  That  all  Fines 
_eY.ri    .nu  iie  ^^j  Forfeitures  mentioned  in- any  of  the  before  recited  Laws,  where  the  particular 
Species  of  Money  is  not  fpecially  named,  the  fame  fliall  be  underftood,  deemed, 
and  adjudged  to  be  Proclamation  Money,  and  none  other. 

L3WS    repeals*!,       IV".  AND  he  it  fuTthcr  Eno.Sfcd,  hy  the  Authority  aforefaid.  That  all  and 
*c  and   Tuies  gygj-y  ^/^^t  aud  Acts,  Claufc  and  Clauf.s;,  Section  and  Sections,  of  all  and  every 
^pnus .       ^^^  ^^^  ^^^^  of  the  General  Affembly  of  this  Province,  in  the  faid  revifed  Laws 
or  Act?,  of  the  faid  General  Affembly,  mentioned  to   be  obfolete,  expired,  and 
repealed  -,  are  hereby  Enacted  and  Declared  to  be  obfolete,  expired,  and  repeal- 
ed ;  and  the  Titles^  with  fuch  Note  only,  be  printed. 

All  Things  her^-      V.  PROVIDED  alwnys  ne'verthekfsi  and  it  is  hereby  Enacted,  That  all 

lofore  done  ^by  ^^^^  evcry  Judgment,  Order,  Decree,  or  Sentence  of  any  Court  heretofore  given 

Laws""'n"«;  re-    Or  paffed,  and  all  and  every  Matter  or  Thing  heretofore  done  and  pcrlormed,  by 

»S'ratid'  **"  ^"y  Officer  or  Officers^  Judicial  or  Minifterial,  or  by  any  other  Perfon  or  Per- 

,    " '  '        fons  whatfoever,  in  Virtue,  and  by  Force  of  any  Act  or  Acts,  Claufe  or  Claufes, 

of  any  Act  or  Acts  of  the  General  Afi'embly  of  this  Province,  in  the  faid  revifed 

LaWs  mentioned  to  be  obfolete,  expired,  or  repealed,  Ihail  be  deemed,  held, 

and  taken  to  be  good  and  valid  in  Law,  to  all  Intents  and  Purpofes,  as  if  the 

fiiid  Acts  were  continued  and  in  full  Force  ;  any  Thing  herein  before   containeel 

to  the  contrary,  in  any  wife,  notwithftanding. 


S  i  G  N  E  D  by 

Ga  BR  IE  L  Johnston,  Efq;  Governor, 

Nathaniel  Rice,  Prefident. 

Samuel  Swann,  Speaker* 


Anno 


L    A     JV    S       0/"NoRTH-CAIiOLINA.  317 


^  ■;^  ^^ -^ -^  s^ '^  ■?  ^^  ?  ^^ '^ '*^ '^  "^ '^- '*'♦''*' ''^ '^ '^  •«^  V 

Anno  Regni 

G  t  O  Iv  G 

Regis,  Magn^   Britannice,  Francis,  5c 
Hibernic^,  Viccffimo  Tertio. 


"At    a   General    ASSEMBLY,    held     at  Nc^hern.     the  g  a  b  ^  i »  ^ 

,  '  Johnston, 

Seventeenth  D^j  of  March,  in  the  Year  of  our  Lord  One  ^'^^^  Governor, 
'i'houland    Seven  Hundred    and  Forty  Nine. 


C  H  A  P.     I, 

r 

^«  y^6?,  for  EreSfing  the  Upper  Part  of  New-Hanover  County  into  a 
County  and  Parijh,  bv  the  Name  of  Duplin  County^  and  Hit.  Gabriel 
Parijh  ;  and  for  appointing  a  Place  for  building  a  Court-houfe^  Prifon^ 
and  Stocks^  in  the  faid  Ccwity. 

I.  WJ  n  H  R  E  A  S  the  County  of  Nctv-Honcz'er  is  now  become  fo  very  ex-  Preamble. 

Y  Y  tenfive,  that  many  or  the  Inhabitants  thereof  Uve  Very  remote  from  the 
Place  where  the  Court  of  the  fiiid  County  is  held,  whereby  a  great  many  Difficul- 
ties and  Hardibips  arife  to  the  Upper  Inhabitants  thei-eof,  not  only  in  attending 
their  ordinary'  Bufinrfs  in  the  faid  Court,  but  alfo  by  being  compelled  to  ferve  as 
Juryman,  and  oftentimes  as  Evidences,  at  the  laid  Court :  For  Remedy  whereof, 

II.  W  E  pray  that  it  mav  l#  Enacted,  Aitd  be  it  Enacted^  by  hii  Excellency  DWifon  of  th: 
Gabriel  JohnfLon,  Efq;  Coiernor,  by  and  with  the  Advice  and  Confent  of  his  Ma-  """'^' 
jefiy  s  Council^-  ayid  the  General  Affembly  of  this  Province^  and  by  the  Authority  of 
the  fame^  That  New-llano'-jer  County  be  divided  by  a  Line,  beginning  at  the 
Mouth  of  Rock-fifh  Creek,  on  the  North-Eaji  River  of  Cape-Fear,  running  Ec^Jl 
to  Onflmv  County,  and  IFcftw'ardi  by  a  ftrelght  Line  from  the  Mouth  of  the  faid 
Creek,  to  the  Upper  Forks  of  Blcck  River,  where  Cohecry  and  the  Six  Runs 
.meet,  thence  up  Cohecry  to  the  Head  thereof-,  and  that  the  Upper  Part  of  the  t 

faid  County  be  ere6led  into  a  County,  by  the  Name  of  Duplin  County,  and  St. 
Gabriel  Pariib  :  And  that  thefiid  County  and  Pariih  fhall  enjoy  all  the  Prcvileges 
and  Advantages  that  any  other  County  and  Pariili  in  this  Province  now  holds 
or  enjoys.' 

L  4  III.  AND' 


Shfriffappointjd 


318  LAWS     0/'    North-Carolina. 

j-l.  D.    1749. 

^,^J'X",  III.  AND  he  it  further  Enabled,  by  thz  Authority  aforefaiLU  Thzi  the  CoMrli 

County  when  of  t\\t  faid  County  Ihall  be  held  en  the  Second  Tuefdays  in  January^  Aprils  July^ 
^^^^-  and  OSicber. 

Firft  Court  where      IV.  AN  I)  be  it  further  Ena5iedy  That  the  Juftices  of  the  faid  County,  or  the 
comtSfe,&c.  Majority  of  them,  lliall  hold  their  firft  Court  at  the  Houfc  oUVtlUam  AIcRee,  at 
to  be  built,  and  Gofhen,  and  then  and  there  nominate  and  appoint  a  certain  Place  for  building  a 
div!d"7ini°oD;f-  Court-houfe,  Prifon,  and  Stocks,  at  the  moft  proper  Place  in  the  faid  County  > 
tnas,  &c.         aj^j  ^^\\  further  divide  the  faid  County  into  Diftridts,  and  appoint  Combiiffioners 
of  the  Roads  for  the  fame  ;  and  lliail  alfo  make  fuch  Orders  and  Rules  for  erect- 
ing the  faid  Buildings,  and  running  the  Dividing  Line  aforefaid,  at  the  proper 
and  equal  Expence  of  the  Inhabitants  of  the  fame,  by  a  Poll-Tax,  not  exceeding 
One  Shilling  Proclamation  Money,  per  Year,  for  Ihree  Years,  and  no  longer. 

Ceirnmiflioncrs  Y.  A  N  D  be  it  further  Ena^edj  That  Mr.  John  SampfoHi  and  Capt.  Henrj 
appointed.  Hyme,  be,    and  are  hereby  appointed   and  authorifed  Commifiioners ;  and  arc 

hereby  impov/ered  and  dirccfted  to  run  the  faid  dividing  Line  between  the  Coun- 
ties of  New-Hanover,  and  Duplin. 

VI.  A  N  D  be  it  further  Enacted^  by  the  Authority  aforefaid.  That  tVilliad 
McReCy  Jun.  be,  and  is  hen  by  appointed  Sheriff  of  the  faid  County,  until  the 
Time  by  Law  prefcribed  for  appointing  Sherits  for  the  feveral  Counties  in  this 
Province,  and  Ihall  be  vefted  with  all  the  Powers  and  Authorities  any  other  She- 
riff or  Sherifs  in  this  Province  is  and  arc  vefted  with.  And  to  the  End  that  no 
Adion  begun  in  New -Hanover  County,  be  defeated  by  the  Divifion  aforefaid, 

l^rocefs  com-  VII.  B  E  H  Enacted^  hy  the  Authority  aforefaid:,  That  where  any  A6lion  i$ 
roenccd  in  jv,w- ^jj,g^^^y  commenccd  in  the  faid  Court  of  N ezv- Han ov er  Couuiy.,  and  that  the 
SbitantsT'*  Parties  or  Evidences  fliall  be  Inhabitants  of  the  County  of  Duplin,  all  fubfequent 
VupUn,to  be  pj-Qcefs  agaiuft  fuch  Parties  or  Evidences,  ihall  be  directed  to  be  executed  by  the 
Sheriff  of  kw-  Sheriff  of  New-Hanover  County :  Any  Law,  Ufage,  or  Cuftom,  to  the  con- 
^''""""-  trary,    notwithftanding. 

^eftrymen  ap-        VIIL  A 'ft  D  be  it  further  Enacted^    by  the  Authority   aforefaid.  That  Mr. 

?ointed.  y^j^^^  Sampfon,    Mr.  JViliiam  McR.ce,    Mr.    George  Mears,  Mr.  Frajicis  Brice, 

Mr.  William  Houfton,  Mr.  Jofeph  Williams,  Mr.  John  Herring,  Mr.  Anthony 
Cox,  Mr.  Mark  Phihps,  Mr.  John  'Turner,  Mr.  Thomas  Suggs,  and  Mr.  Charles 
Gavin,  be,  and  are  hereby  appointed  Veftrymen  of  St.  Gabriel  Parilh  aforefaid, 
tintil  the  General  Eleftioh  of  Veftrymen,  according  to  Law -,  and  that  the  faid 
Veftrymen  Ihall  be  fummoned  by  the  Sheriff"  of  the  faid  County  of  Duplin,  to 
meet  at  the  Place  appointed  by  this  Ad  whefe  the  Court  is  to  be  held,  and  qua- 
lify themfclves  as  a  Veftry,  and  proceed  to  Parilh  Bufinefs. 

Du ;,« Levies  to      I^'  AND  be  it  further  Enacted,  That  all  Pdllit,  County,  and  Parifh  Levies^ 
Le'^^coUeftir  by  now  duc  from  any  of  the  Inhabitants  of  the  faid  County  of  Duplin,  fhall  be  col- 
'Nj^Halvl     leded  by  the  Sheriff  of  New-Hanover  County,  and  accounted  for  in  the  fame 
Manner  as  if  this  Ad  had  not  been  made. 

DufUn   County      X.  A  N  D  be  it  further  Enacted,  by  ths  Authority  aforefaid.  That  the  faid 
to  r.nd  jnrors  to  ^Q^nty  of  DupUn  be,  and  is  hereby  obliged  to  fend  Jurors  to  the  Courts  of 
JJ'"^""  Af.  ^^^^^^  ^^^^^  ^^^  Terminer,  and  General  Goal  Delivery,  to  be  held  zX.  Wilmington, 
jn  like  Manner  as  the  Counties  of  Bladen  and  Onflow, 

chap; 


L  A  l^y  S     of    North-Carolina. 


319 


A.  D.    1749. 

CHAP.     II.  <—.^..-^ 

An  A51,  for  Erecflng  the  Upper  Part  of  Bladen  County  into  a  County  a?id 
Parip,  by  the  Name  of  Anfon  County,  and  St.  George'^  Panjb  ■  and 
for  appointing  a  Place  for  building  a  Court-houfe^  Prifon^  and  Stocks^ 
in  the  faid  County. 

I.  Wf  H  E  R  E  A  S  tlie  County  of  Bladen  is  now  become  fo  very  extenfive,  vrt^mw. 

yY  that  many  of  the  Inhubicanrs  thereof  live  very  remote  from  the  Place 
v/here  the  Court  ot  the  fiid  County  is  held  ;  whereby  a  great  many  Difficulties 
and  HardHiips  arife  to  the  Upper  Inhabitants  thereof,  not  only  in  attending  their 
ordinary  Bufmefs  in  the  faid  Court,  but  alfo  by  being  compelled  to  fervc  as  Ju- 
rymen, and  oftentimes  as  Evidences,-  at  the  faid  Court :  For  Remedy   v/hereof, 

II.  W  E  pray  that  it  may  be  Enafted,  And  be  it  Ena£fed,  hy  his  Excellency  Dtvifton  cf  tKi 
Gabriel  Johniton,  Efft  Governor^  by  and  'with  the  Advice  and  Conftnt  cf  his  Ma-  <^^a'<-Y- 
jejiy^s  Councily  and  the  General  Ajfembly  of  this  Province,  and  by  the  Authority 

of  the  fame.  That  Bladen  County  be  divided  by  a  Line,  beginning  at  the  Place 
where  the  South  Line  of  this  Province  croiTeth  the  Weilermoil  Branch  of  Little 
Pee-Dee  River,  then  by  a  flreight  Line  to  a  Place  where  the  CommifTioners  for 
running  the  Southern  Boundary  of  tiiis  Province  crofled  that  Branch  of  Little  Pee- 
Dee  River,  called  Brcj^ning  Crtek,  thence  up  that  Branch'  to  the  Head  thereof  j 
then  by  a  Line,  to  run,  as  near  as  may  be,  equidiflant,  from  Saxpahaxv  River, 
and  Great  Pce-Dec  River  ;  and  that  the  upper  Part  of  the  faid  County  and  Pa- 
rifh  fo  laid  off  and  divided,  be  ereded  into  a  County  and  Parifli,  by  the  Name 
of  Anfon  County^"  and  St.  George's  Parilh,  and  that  all  the  Inhabitants  to  the 
fVeJiward  of  the  afore-mentioned  dividing  Line,  (hall  belong  and  appertain  to 
Anfon  County  :  And  that  the  faid  County  and  Parilh  fliall  enjoy  all  and  every 
the  Privileges,  which  any  other  County  or  Parifn  in  this  Province  holds  or  enjoys. 

III.  AND  be  it  further  Enacted,  by  the  Authority  a  fore  fad.  That  it  fliall  and  Tax  to  be  hri, 
may  be  lawful,  tor  the  Juftices  of  the  faid  County  to  lay  a  Tax  on  all  the  Tax-  ''"'  ''"'''''"|  ^^ 
ables  in  the  faid  County,  not  exceeding  the  Sum  of  One  Shilling  Proclamation     °""   °"'' 
Money,  per  Annwn,  for  the  Term  of  Three  Years,  for  building  a  Court-houfe, 

Prifon,  and  Stocks,  in  the  fiid  County,  at  fuch  Place  as  the  faid  Juftices  fhall 
agree  upon  and  appoint,  at  the  County  Court  to  be  holden  on  the  Third  Tuefday 
ot  Ol^ober,  next  following  ;  and  fhall  further  divide,  the  faid  County  into  Dif- 
tricls,  and  fhall  appoint  CommiHloners  of  the  Roads  for  the  fame  :  Which  faid 
Tax  fhall  be  Collected  by  the  Sheriff  of  the  faid  County,  'at  fuch  Times,  and  in 
ih.Q  fame  Manner  as  other  Coiinty  Taxes  are  coUeftcd. 


IV.  AND    bejt  further   Enaried,  by    ihe_  Authority  aforefcid.    That  the  cwt,  of  t!.= 

ourts  of  the  faid  ■^  '  -   -     ■     -- 

*July,  and  October. 


^  .  .    ^^  ^,    ^      ^x      .-     j..,.,.^,      ^,.,^^.^^,    ^j      ,,^1,      ^j.^^,^u,  ,^j,    L,ju,LjL.i,u,      ximi.    1,11c    Courts  of  t!ic 

Courts  of  the  faid  County  ihall  be  held,  on  the  Third  1'uefdays  in  January,  April,  county  when 


V.  AND  be  it  further  Enacted^  That  Jofeph  White,  be,' and  is  hereby  ap-  sheriff appoinui. 
pointed  Sheriff  of  the  faid  County  of  Anfon,  until  the  Time  prefcribed  by  Law 

for  appointing  Sherifs  of  this  Province  •,  and  fhall  be  vefted  with  the  fame  Powers 
and  Authorities,  as  any  other  Sheriff  of  any  other  County  in  .this  Province  is 
vefted  with. 

VI.  A  N  D  be  it  furtJjcr  Enacted,  by  the  Authority  afore  faid.  That  Mr.  Jofeph  Veftrymcn  aj». 
White,  Mr.    Charles  Rohcrlfon,  Mr.    Edmond  Cartledge,  Mr.    William  Philips,  P""""*^ 
Mr.  John  Brandon^  Mr.  John  Fur  bus,  Mv.  James  Car  thy,  Mr.  John  Crawford, 

^  Mr. 


320  L  A  IV  S    of    North-Carolina. 

A.  D  ,749.  ^/i^^  Alexander  Ojhorn.,  Mr.  Welter  Carieth,  and  Mr.  John  Brevard,  be,  and 
V  ^  5:J-,£-y  m-e  hereby  nppoinced  Veftrymtn  of  the  faid  Parifh  ot  St.  George's,  until  the 
General  Election  ut  Veflrymtn,  according  to  Law  ;  and  that  the  faid  Vtftrymen 
IhaJl  be  fummoned  by  the  Sheriff  of  the  faid  County^  to  niett  at  fuch  Time  and 
Place,  as  the  IVJajority  of  the  faid  Vtftrymen  fhali  appoint,  and  quality  them- 
fclvcs  as  a  Vcftry,  and  proceed  to  Farilh  Burmcfs. 

.-fn/j*  co'inty  Yi[.  yi  iV  Z)  ee  it  furiher  Enacted,  That  all  County  and  Pari ili  Taxes,  now 

]<:aTi  ty'^'th'e      due  Irom  any  of  the  Inhabitants  of  the  faid  County  of  Anfon,  fliali  be  Colleded 
SJieriffoi^/aiM.  j^y  ^^  Sheriff  of  Bladen  County,  and  accounted  tor  in  the  fame  Manner  as  the* 
this  Act  had  not  been  made. 

VIIL  AND  to  the  End,  that  no  Aclion  commenced  in  Bladen  County  be  de- 
feated, by  the  Divifion  afcreiaid, 

IX.  B  E  it  En,9.ctedy  ly  the  Authority  cforefaid.  That  where  any  A6tion  is  al- 
prpc^fsc.^mmcn-  j.^^^|y  commenced  in  the  Lid  County  of  Bladen,  and  that  the  Parties  or  Eviden- 
bir:ints  of  Ar.fon,  CCS  ihuU  bc  Inhabitants  of  Avfcn  County,  all  fubfequent  Procefs  againlt  fuch  Par- 
iL^he^ff  c'F  ties  or  Evidences,  Ihail  be  dircClcd  to  be  executed  by  the  Sheriff  of  Blcden 
Bladen.             County,  to  thc  End  and  final  Determination  of  the  faid  Caufes  :  Any  Law,  Ufage, 

or  Cultom,  to  thc  contrary,  notwithitanding. 

X.  A.  N  D  he  it  further  Enacted,  by  the  Authority  aforefaid.  That  the  faid 
^?g"d?rrn!f  County  of  /bfvn  be,  and  is  hereby  obliged  to  fend  Jurors  to  the  Courts  of 
jttr-nto0<'7-  Affize,  Oyer  Ai-id  Te-r/niner,  and  General  Goal  Delivery,  to  be  held  niWil}?nngtcn, 
m„gi.n^m..,.    .^  j.j^g  M,aaer  as  thc  Counties  of  Bladai  and  Ofi/lo-iv. 


C  EI  A  P.     III. 


ux 


PiClllllslCi 


4?i  dddittorMl  Acl  to  an  A5i,  for  obtaining  an  exaSi  Liji  of  Taxahles  j 
and  for  the  efeSlual  ColleBing  as  "well  all  Arrears  of  'Taxes ^  as  all  other 
Taxes,  jor  the  future  due  and  payable. 

I.  "^  "^  r  H  E  R  E  A  S  Doubts  haive  arifen,   what  Perfcns  fliall  bc  deemed  and 
YY     taken  for  taxable  Perfons  in  this  Province,  and  no  Law  now  in  Force 

tloes  afcertain  the  fame  :  For  Remedy  vfhereof, 

r.rfns   decn.a       H-  B  E  it  Enabled,  by  his  Excellency  Gabriel  Johnfton,  Efq;  Governor,  by  and 
.■■..xabies.  ^iijj  fjyg  Jchice  and  Conj'ent  cf  his  Mojejiy's  Council,  and  General  Ajfembly  of  this 

Province,  and  by  the  Authority  cf  the  farm^  That  all  and  every  white  Perfon, 
Male,  of  the  Age  of  Sixteen  Years,  and  upwards,  all  Negroes,-  Mulattoes,  Muf- 
ttes,  Male  or  Female,  and  all  Petfons  of  mixt  Blood,  to  the  fourth  Generation, 
of  the  Age  of  Twelve  Years,  r.nd  upwards,  and  all  white  Perfons  intermarrying 
v/ith  any  Negroe,  Mulattoe,  Mul^ee,  or  other  Perfon  of  mixt  Blood,  while  fo 
intermarried,  and  no  othtr  Perfon  or  Peiibns  whatfoever,  fhall  be  deemed  Taxa- 
bles:  Any  Law,  Ufage,  of  Cuftom,  to  the  contrary,  notwithflanding. 

III.  AND  whereas  it  fomttimes  happens,  that  through  the  Death  or  Removal 
of  the  feveral  Ccnflables  out  of  their  refpedive  Counties,  the  ftveral  Mafters, 
MiftrciTes,  or  Overfeers,  are  not  duly  fummoned  to  appear,  and  give  in,  upon 
Oath,  their  refpetlive  Lifts,  wherel?y  Deficiencies  have  happened,  and  Difputes 
afifen :  For  Remedy  whereof ; 

ik  IV.  BE 


L  A  JV  S     o/'    North-Carolina.  321 


A.  D.    1749- • 

IV.  B  E  it  Enacted,  by  the  Authority  aforefaid^  That  every  Maftcr  or  Miftrefs  '^ v — ^ 

of  a  Family,  or  pverfeer  of  a  Plantation,  of  which  there  is  no  Mafteror  Miftrefs,  fonsV/girainp^to 
within  the  County,  although  not  fummoned,  is  hereby  required  to  appear  before  o/Tuhabk!  d- 
one  of  his  Majefty'"?  Jufticcs  of  the  Peace  for  the  County^  on  or  before  the  fecond  tiw-  not  w 
Court  to  be  held  for.  the  County,  after  the  Firft  Day  of  A%,  Yearly,  and  to  '"°°^^' 

give  in  his  or  her  Liil  of  laxables,  fetting  forth  in  fuch  Lift,  the  l^Jame  and 
Sex  of  each  Taxable  Peribn,  whether  white  or  black,  bbnd  or  free,  and  dif- 
tinguiftiing  fuch  Male  Slaves  as  are  Sixteen  Years  of  Age,  and  upwards  -,  under 
the  Penalty  of  Forty  Shillings,  Proclamation  Money,  over  and  above  Twenty 
Shillings,  like  Money,  foir  each  and  evey  Month  he  or  ftie  fhall  negled  giving 
in  fuch  Lift,  after  the  faid  Second  Court  to  be  held  for  the  faid  County,  after 
the  faid  Firft  Day  of  May :  To  be .  recovered  in  any  Court,  or  before  Two  Juf- 
tices  of  the  Peace,  according  as  the  fame  may  be  cognizable,  by  Aftion  of  Debt, 
Bill,  Plaint,  or  Information  -,  wherein  no  EfToign,  Protedion,  Injun6lion,  or 
Wager  of  Law,  fhall  be  allowed  or  admitted  of:  One  Half  to  the  Informer, 
and  the  other  Half  to  be  paid  to  the  Juftices,  for  the  Ufe  of  the  County  where 
the  fame  fiiall  be  recovei*ed. 

V.  ANDbeitfurtherEna5fed^  That  all  fuch  Perfon  or  Perfons  rcfident  in  Perron* 'not  htT- 
any  County  of  this  Province,  at  the  Times  Taxables  are  by  Law  to  be  inlifted,  thdr°^?iftiS» 
who  have  no  Home  or  Dwelling  of  his  or  their  own  in  fuch  County,  fhall,  and  County,  to  pm. 
are  hereby  required,  to  procure  fome  Houfe-keeper  to  Lift  him  or  them-,  under  keeper  To' givTii* 
the  fame  Penalties  and  Forfeitures  as  by  Law  are  inflidtcd  on  Mafters  of  Families  *="  ^'•*»* 
negleding  to  give  in  their  fcveral  Lifts. 

VI.  AND  the  better  to  difcover  Concealments,"  Be  it  Enacted,  by  the  Autho-  cierk  to  tr^nr. 
rity  aforefaid.  That  the  Clerk  of  each  and  every  County  Court,  Ihall,  within  SofSMeJ 
One  Month  next  alter  the  Lifts  of  Taxables  fhall  be  returned  by  the  Juftices  into  to  the  sheriff,  to 
his  Office,  tranfmit  One  attefted  Copy  of  fuch  Lift,  Yearly,  to  the  Sheriff  of  IlJTnh-rofficI? 
the  faid  County  •,  and  alfo,  fhall  affix  One  fair  Copy  in  the  Court-houfc,  and 

keep  the  fame  there  conftantly  fet  up,  that  all  Perfons  may  have  Opportunity 
to  perufe  and  examine  the  fame  ;  under  the  Penalty  of  Five  Pounds,  Proclama- 
tion Money,  for  every  fuch  Negle£fc :  To  be  recovered  by  Action  of  Debt,  in 
any  Court  of  Record  in  this  Province,  by  any  Perfon  who  fhall  or  will  fue  for 
the  fame  j  wherein  ho  Eflbign,  Injunftion,  or  Wager  of  Law,  fhall  be  allowed 
or  admitted. of:  One  Half  to  the  Ufe  of  the  Profecutof,  and  the  other  Half  to 
the  Ufe  of  the  Parifti  wherein  the  Offence  fRall  be  committed. 

VII.  AND  be  it  further  Enacted,  Thsi  the  Juftices  of  the  feveral  County  cierk  to  have  as 
Courts,  are  hereby  impowered,  to  make  the  Clerks  thereof  a  proper  Allowance  ^'^°""'""^""''" 
out  of  the  County  Tax,  for  making  out  the  faid  feveral  Lifts. 


CHAP.     IV. 

j4ji  Aciy  to  enable  the  'Jufiices  of  the  feveral  Counties  to  provide  certain 
Law  Boohy  for  the  Ufe  of  their  County  Courts. 

I-  T3  E  it  Enacted,  by  his  Excellency,  Gabriel  Johnfton,  Efq;  Governor,  by  and  J""**^"  ™p°«^ 
X)  '^ith  the  Advice  and  Confent  of  his  Majefifs  Council,  and  General  Affembly  Law.Boo'ki?  *" 
*/  this  Province,  That  the  Juftices  of  each  County  Court  within  this  Province, 
fliall  and  may  have  full  Power  and  Authority,  in  fome  convenient  Time,  accord- 
ing to  their  Difcretion,  to  purchafe  and  provide  the  lateft  Editions  of  the.  Lawr 

M  4  Books 


3-22  LAWS    of    North-Carolina. 


"749-  Books  following,  to  wit ;  Nelfon's  Juftice,  Gary's  Abridgment  of  the  Statutes, 
'  Swinburn  of  Wills,  or  Gcdolphin's  Orphan's  Legacy,  and  Jacob's  Law  Didlionary, 
or  Wood's  Inftitutes :  Which  Books,  when  provided,  fhall  be,  for  ever  after^ 
for  the  Ufe  of  the  County  Court,  and  fhall  be  kept  in  the  Oftjces  of  the  fcveral 
Clerks,  and  conftantly,  during  the  Setting  of  every  County  Court,  laid,  by  the 
Clerk  of  each  Court,  on  the  Court  Table,  for  the  Ufe  and  Perufal  of  the  JufticeS 
of  fuch  Court,  and  of  all  fuch  as  may  have  any  Matters  depending  in  Court. 

Cier'k  fc^de*^*       II.  JND  h  it  further  EnaSied^  by  the  Authority  aforefaid^  That  if  any  Coun- 

firoy'ng'^fuch     ty  Court  Clerk  fliall  abufe  or  deftroy,  or  fuffer  to  be  abufcd  or  defbroyed,  any 

Books.  Q^  j.j^g  Books  fo  committed  to  his  Care,  he  fhall  be  fined^  at  the  Difcretion  of 

the  Court,  for  fuch  his  NeglecTt :  Which  Fine  fhall  be  appHed  towards  repairing 

the  Lofs  or  Damage  of  fuch  Books,  occafioned  by  fuch  Negkft. 

T.ijctnb.iaidfor       m-  AND  be  it  further  Ena^ed,  by  the  Authority  afcrefaid^  That  the  Juf- 
jurchafinjBooks.  ticcs  in  the  fcVeral  County  Courts,  fjiall  have  full  Power  to  lay  fuch  an  additi- 
onal Tax  on  their  refpective  Counties,  as  fhall  be  fufficitnt  to  purchafe  and  pro- 
vide the  Books  aforefaid  j  and  fhall  apply  the  fame  accordingly. 


CHAP.    V. 

Afi  A5t,  fo  encourage  Michael  Higgins  to  build  a  Bridge  over  Trent 
River,  near  Wickliff'^  Ferry,  in  Craven  County 

fewta.  I.  TTT"  HEREASa  Bridge  over  ^rent  River,  near  the  Place  called  Wick- 

VV     ^^ff'^  Ferry,  would  be  much  for  the  Conveniency  of  all  Travellers, 

and  Michael  Higgins  being  defiours  of  building  one  there  at  his  own  Expence,  on 

Condition  of  having  the  Benefit  thereof  for  the  Space  of  Twenty  Five  Years : 

II.  BE  it  Enabled,  by  bis  Excellency  Gabriel  Johnflon,  Efq^  Governor,  by 
and  with  the  Advice  and  Confent  of  his  Majefty's  Council,  and  the  General  Affem- 
bly  of  this  Province,  and  by  the  Authority  of  the  fame.  That  it  fhall  and  may  be 
lawful  for  the  faid  Michael  Higgins^  his  Heirs  or  Afligns,  to  eredt  and  build  a 
good  fubftantial  Bridge  over  'Trent  River,  as  near  as  he  conveniently  can  to  the 
Place  where  the  Main  Road  crofTeth  the  faid  River,  near  the  Place  commonly 
called  Wickliff's  Ferry  -,  and  after  building  the  faid  Bridge  as  aforefaid,  it  fliall 
and  may  be  lawful  for  the  faid  Michael  Higgins,  his  Heirs,  Executors,  Admi- 
niftrators,  or  Affigns,  to  keep  a  fufRcient  Gate  thereon,  and  take  and  receive 
from  all  Perfons  that  fliall  pafs  over  the  fame,-  the  following  Rates  •,  that  is  to 
fay.  For  every  Man  and  Horfe,  Four  Pence  -,  for  every  Carriage  drawn  by  One 
or  Two  Horfes  or  Oxen,  One  Shilling ;  and  for  ever  Horfe  or  Ox  more.  Four 
Pence  each  •,  and  for  every  Head  of  Neat  Cattle,  One  Penny ;  and  for  every 
Twenty  Hogs  or  Sheep,  One  Shilling,  and  fo  in  Proportion,  for  a  gi eater  or 
lefTer  Number  of  Hogs  or  Sheep  j  for  and  during  the  Space  of  Twenty  Five 
Years,    and  no  longer. 

III.  ANB  be  it  further  EnaBed,  by  the  Authority  aforefaid.  That  after  the 
faid  Bridge  is  fo  built  and  compleated  as  aforefaid,  it  fhall  not  be  lawful,  during 
the  Time  the  faid  Bridge  fhall  be  kept  in  Repair,  and  fit  for  Travellers  and 
Carriages  to  pafs  'and  repafs  over  the  fame,  for  any  Perfon  whatfoever,  to  keep 
any  Ferry,  build  any  Bridge,  or  fet  any  Perfon  or  Perfons,  Carriage  or  Car- 
riages, Cattle,  Hogs,  or  Sheep,  over  the  faid  P».iver,  for  Fee  or  Reward,  within 
Six  Miles  of  the  famej  during  the  Time  aforefaid  j  under  the  Penalty  of  Twenty 

Shillings, 


L  A   Jf^  S     o/'    North-Carolina.  323 

Shillings,  Proclamation  Money,  for  each  and  every  Oifcnce :  To  be  recovered    ^- ■^-   '7,9. 
before  any  Miigiftrate  or  the  County  of  Craven  ;  to  be  applied  to  the  Ufe  of  the  ^^        v        ^ 
Proprietor  of  the  Bridge  built  by  the  faid  Michael  Higgins;  and,  during  the  faid 
Time,  the  Right  and  Property  of  the  faid  Bridge  is  hereby   invefted  in  the  faid 
Michael  Higgms^  his  Heirs,  Executors,  Adminiltrators,  or  Affigns. 


C  H  A  P.     VI. 

An  A5l^  for  appoint'ihg  and  hying  out  a  Town  on  the  plantation  of  Mr, 
Samuel  Jordan,  on  the  North  Side  of  Roanoake  Ri'uer^  in  Northamp- 
ton County  ;  and  for  Eji'ahlifmng  Two  Fairs  to  be  held  Annually  therein. 

I.  "1  T  7"  H  E  R  E  A  S  the  Inhabitants  of  Northampton  County  have  petitioned     Private. 

V V     for  an  Aft,  for  appointing  a  Town  on  the  Plantation  of  Mr.  Samuel 
Jordan^  on  the  l^orth  Side  ot  Roanoake  River,  in  'Northampton  County : 

II.  W  E  pray  that  it  may  be  Enaded,  And  he  it  Enabled,  by  his  Excellency 
Gabriel  Johnfton,  Ejq->  Gcvernory  by  and  "J)ith  the  Advice  and  Confent  of  bis  Ma- 
jefty's  Council,  and  the  General  Ajfembly  of  this  Province,  and  by  the  Authority 
of  the  fame.  That  as  foon  as  the  i'roprietor  of  the  faid  Land  ihall  acknowledge 
his  Confent  and  Concurrence,  in  open  Court  of  the  faid  County,  to  have  fuch 
Part  of  the  faid  Land  laid  out  for  aTown  as  herein  after  is  direded,  Samuel 
Jordan,  Ifilliam  Short,  William  Kinchin,  Francis  Corbin,  and  John  Dawfon,  are 
hereby  nominated  and  appointed  Commifiloners,  and  they,  or  the  Majority  of 
them,  are  hereby  invefted  with  full  Power  and  Authority,  to  lay  out  Thirty  Six 
Acres  of  Land,  on  the  faid  Plantation,  for  a  Town,  by  the  Name  of  Hawns  s 
and  to  lay  out  the  fame  Thirty  Six  Acres  into  Lots,  of  Half  an  Acre  each,  with 
convenient  Streets  and  Squares. 

III.  A  N D  be  it  further  Enabled,  That  when  the  Commiffioners,  or  the  Ma- 
jority of  them,  have  laid  out  the  faid  Town  into  Lots  and  Streets,  as  aforefaidg 
every  Perfon  vvhatfoever  who  is  willing  to  be  an  Inhabitant  of  the  faid  Town, 
fhall  have  Liberty  to  take  up  any  Lot  or  Lots  fo  laid  out  as  aforefaid,  and  not 
taken  before  -,  which  Lot  or  Lots  the  Commifiloners  before  appointed,  or  the 
Majority  of  them,  are  hereby  impowed  to  grant,  convey,  and  acknowledge,  to 
the  Perfon  or  Perfons  fo  taking  up  the  fame,  his  Heirs  and  Afligns,  for  ever,  in 
Fee,  upon  the  Payment  of  Five  Pounds,  Proclamation  Money,  or  the  Value 
t hereof j  to  the  Treafurer  herein"  after  mentioned. 

IV.  J  NT)  be  it  further  Ena^ed,  by  the  Authority  aforefaid.  That  William 
Short  is  hereby  appointed  Treafurer  and  Receiver  of  all  fuch  Sum  or  Sums  of  Mo- 
ney, as  fhall  arife  by  the  Sale  of  fuch  Lots,  for  the  Ufe  hereafter  mentioned ; 
and  on  the  Death  or  Departure  out  of  the  Government,  of  the  faid  Treafurer, 
the  faid  Comn^ifTioners,  or  the  major  Part  of  them,  fhall  appoint  fome  other 
Perfon  IVeafurer,  in  the  Place  of  the  faid  Treafurer  fo  dying,  or  departing  the 
Government. 

V.  AND  be  it  further  Enabled,  by  the  Authority  aforefaid.  That  the  Trea- 
furer that  fhall  or  may  be  hereafter  appointed  by  the  CommifTioners  as  aforefaid, 
Ihal!  give  Security  to  the  County  Court,  that  he  fhall  and  will  account  with,  and 
pay  in  all  the  Monies  he  fliall  receive,  for  the  Sale  of  all  and  every  the  Lot  or 
Lots  that  fhall  be  fold.  Yearly,  on  the  Twenty  Fifth  Day  of  Marchy  to  Mr. 
Samuel  Jordan,  or  the  Proprietor  of  the  faid  Lands. 

VI.  P  R  0' 


324  LA   W   S     of    North-Carolina. 

A.  D.    1749, 


-V- 


VI.  P  ROFID  ED  akvaysy  That  if  any  Lot  or  Lots  fhall  be  granted  or 
conveyed  by  the  faidCommifiioners,  to  any  Perfon  or  Perfons  whatfoever,  who 
fhall  not,  withih  Two  Years,  build  a  good  fubftantial  habitable  framed  Houfe, 
hot  of  kfs  Dimtnfions  than  Twenty  Feet  in  Length,  and  Sixteen  Feet  wide,  be- 
fidcs  Sheds  oir  Lehtoes,  or  make  fuch  Preparation  for  fo  doing,  as  the  Comrnif- 
fioners,  or  the  Majority  of  them,  fhall,  on  View,  think  reafonable,  fuch  Grant 
or  Conveyance  fhall  be  void,  and  it  is  hereby  declared  void  and  of  none  Effect, 
as  if  the  fame  had  never  been  made-,  and  the  Commifiioners  may  grant  and  con- 
Vcy  fuch  Lot  or  Lots  which  (liall  riot  be  built  on  within  the  Time,  and  in  the 
Manner  as  is  herein  before  directed,  to  any  other  Perfon  or  Perfons  applying  for 
the  fame,  and  paying  the  Money  for  the  faid  Lot,  as  in  this  A6t  is  before  dj- 
reAed,  for  the  Ufe  of  the  faid  Samuel  Jordan^  or  other  Proprietor,  as  aforeiaid. 

VII.  ANT)  he  it  further  Enacted^  ly  the  Authority  aforefaid^  That  the 
CommifTioners,  or  the  Majority  of  them,  fhall  bcj  and  they  are  hereby  impow- 
ered  and  authorized,  to  remove  all  Nufances  within  the  Limits  of  the  faid  Town. 

VIII.  AND  be  it  further  Enacted^  ly  the  Authority  aforefaid^  That  no  Perfon, 
Inhabitant  of  the  faid  Town,  or  holding  a  Lot  or  Lots  therein,  fhall  inclofe  the 
fame,  or  keep  the  fame  inclofed,  und^r  a  common  Stake  Fence  ;  but  every  Lot 
therein  fhall  be  paled,  or  inclofed  with  Pofls  and  Rails  fet  up. 

IX.  A  NT)  he  it  further  Enacted.,  hy  the  Authority  aforefaid.  That  all  Per* 
fons,  PofTefTors  or  Owners  of  any  Lot  or  Lots  in  the  faid  Town,  fhall,  within 
Two  Years  from  the  Date  of  their  Grant  or  Conveyance,  clear,  and  keep  con- 
llantly  clear,  their  Lot  or  Lots,  from  all  Manner  of  Wood,  Under-wood,  Brufh, 
and  Grubs ;  under  the  Penalty  of  One  Shilling,  Proclamation  Money,  for  every 
Month  fuch  Owner  or  Owners  of  any  Lot  or  Lots  fhall  negleft  to  clear  or  keep 
the  fame  clear  •,  l^o  be  recovered  by  a  Warrant  from  any  Juflice  of  the  Peaces 
and  applied,  by  the  faid  CommifTioners,  for  and  towards  clearing  the  Streets  in 
the  faid  Town. 

X.  AN D  he  it  further  Enacted.,  hy  the  Authority  aforefaid^  That  it  fhall  and 
fnay  be  lawful  for  the  Inhabitants  of  the  faid  Town,  to  hold  Two  Fairs,  Annu- 
ally, in  the  faid  Town  of  Hawns  \  to  wit^  One  on  the  Second  Tuefday  in  the 
Month  of  October^  and  the  other  on  the  Firft  Tuefday  m  the  Month  of  Januarys 
during  the  Space  of  Three  Days  at  each  Time  ;  under  fuch  Rules  and  Regulati- 
ons, and,  as  near  as  may  be,  agreeable  to  the  Rules  and  Regulations  that  Fairs 
dre  ufually  held  and  kept  in  the  Kingdom  of  Great-Britain. 


CHAP.     VIL 

,  * 

An  additional  A5i  to  an  ASf^  intituled.  An  Acfl,  to  fix  a  Place  for  the 
Seat  of  Government,  and  for  keeping  Public  Offices  j  for  appointing 
Circuit  Courts,  and  defraying  the  Expence  thereof  j  and  alfo,  for 
Eftablifhing  the  Courts  of  Juflice,  and  regulating  the  Proceed- 
ings therein. 

J*re»n»bie.  L  ^]^  7"  H  E  R  E  A  S  by  an  A<fl  of  this  Province,  pafTed  at  Wilmington^  the 

V  V     Fifth  Day  of  December,  in  the  Year  of  our  Lord  One  Thoufand  Se- 
ven Hundred  and  Forty  Six,  intituled.  An  Act,  to  fix  a  Place  for  the  Seat  of 
Government,  and  for  keeping  Public  Offices^  for  appointing  Circuit  Courts,  and  de- 
fraying 


LAWS    of    NoRT  h-Ca  r  o  l  I  n  a.  325 


f-rayi/ig  the  ExpcHce  thereof-,  and  alfo  for  ejiablijfjing  the  Courts  of  Jiiftice,  and  re-    -^' ^-   '749- 
.gulatmg  the  Proteedings  therein ;  amongft:  other  Things  it  is  Eha£ted,  That  the  "^ 

Chief  Juftice  of  the  Province  for  the  Time  being,  or  in  Cafe  of  his  Sicknefs  or 
Difability,  fuch  Perfon  or  Perfons  as  fliall,  from  Time  to  Time,  be  appointed 
by  the  Governor  or  Commander  in  Chief  for  the  Time  being,  fhall,  twice  every 
Year,  hold  a  Court  of  Affize,  Oyer  and  Terminer^  and  General  Goal  DeHvery, 
at  Edenton^  at  IVilmingtcn,  and  at  Edgccmb  Court-houfe,  on  the  Days  and  Times 
in  and  by  the  above  recited  Acl  fixed  and  afcertairted  :  And  whereas  the  Chief 
Juftice  and  Attorney  General  muf!:  neceflarily  be  at  great  Expence,  in  riding  the 
Circuits,  and  holding  the  Courts  at  the  refpedive  Places  aforefaid,  it  is  thereby 
Enabled,  That  the  Chief  Juftice,  for  his  Trouble  and  Expence,  ftiall  receive  the 
Sum  of  Two  Hundred  Pounds,  Proclam.ation  Money,  and  the  Attorney-Gene- 
ral Sixty  Six  Pounds  Thirteen  Shillings  and  Four  Pence,  Proclamation  Money, 
Annually,  to  be  paid  out  of  the  Tax  laid  for  that  Purpofe,  by  a  Warrant  under 
the  Hand  of  the  Governor  or  Commander  in  Chief  for  the  Time  being : 

II.  B  E  it  Enacted,  by  his  Excellency  Gabriel  Johnfton,  E/^;  Governor:^  ly  and  Aii^vance  to  the 
^Ith  the  Advice  and  Confeni  of  his  Majeftys  Councils,  and  General  JJJembly  of  this  'r^^fH^^^.' /"^ 
Trovincey  and  by  the  Authority  of  the  fame.  That  from  and  after  the  Ratification 

of  this  A6t,  the  Chief  Juftice  ihall  be  paid,  in  the  Manner  by  the  laid  A6t  pre- 
fcribed.  Thirty  Three  Pounds  Thirteen  Shillings  and  Four  Pence,  Proclamation 
Money,  and  no  more,  for  every  Court  of  Affize,  Oyer  and  Terminer^  and  Gene- 
ral Goal  Delivery,  which  he  fnall  hold  at  Edenton,  at  IVrhmngton,  and  at  Edgcomb 
Court-houfe,  or  either  o\  them  ;  and  in  Cafe  of  the  Abfence  of  the  Chief  Juftice 
aforefaid,  and  nor  otherwife,  there  Ihall  be  paid  to  the  Commiffioner  or  Commif- 
fioners  for  every  Court  of  Affize,  Oyer  and  'Terminer,  and  General  Goal  Delivery, 
which  he  or  they  fliall  hold  at  any  or  either  of  the  faid  Places,  the  like  Sum  of 
Thirty  Three  I'ounds  Thirteen  Shillings  and  Four  Pence:  Any  Thing  in  the 
above  recited  Acft  to  the  contrary,  notwithftanding. 

III.  A^D  be  it  further  Enacted,  by  the  Authority  a  fore  raid.  That  the  Attor-  .„        ^ 
ney-General  tor  the  lime  being,  .ihall   be  paid,  in  the  Manner  by  the  above  re-  "I's  Allowance, 
cited  A&  prefcribed,  for  each  and  every  Court  of  Affize,  Oyer  and  'Terminer,  and 

General  Goal  Delivery,  which  he  ftiall  attend  at  Edenton,  at  Wilmington,  and  at 
Edgcomb  Court-houfe,  the  Sum  of  Eleven  Pounds  Two  Shillings  and  Three 
Pence,  Proclamation  Money,  and  no  more:  Any  thing  in  the  above  recited 
A.61  to  the  contrary,  notwithftanding, 

IV.  AND  whereasj  by  the  above  recited  A(5V,  it  is  Enafted,  That  an  An- 
nual Poll-Tax  of  Four  Pence,  Proclamation  Mo'ney,  per  Poll,  ftiall  be  levied, 
for  the  Space  of  Two  Years,  on  all  the  Taxable  Perfons  within  the  Province, 
and  colle(5faI  by  the  Sherifs  of  the  refpedir/e  Counties,  at  the  Times  all  other 
Taxes  fhall  be  colleded  awd  paid,  to  be  paid  and  applied  as  therein  mentioned  i 
that  is  to  fay,  all  the  Monies  arifing  by  the  faid  Tax  within  the  Counties  of  Cra- 
ven,  Beaufort,  Hyde,  Carteret,  and  Johnfton,  fhall  be,  by  each  Sheriff",  at  the 
ufual  Time,  Annually,  accounted  for  and  paid  to  Mr.  John  Barrow,  Mr, 
James  McLewean,  Mr  Thomas  Pearfon,  Col.  Thomas  Lovick,  and  Mr.  John 
fVeft,  or  the  Majority  of  them,  for  and  towards  the  Ereding  the  Offices,  and 
other  Public  Buildings,'-  at  Ncwbern  Town,  as  they,  or  the  Majority  of  them; 
fhall  think  necelTary  and  convenient:  And  whereas  the  faid  Tax  is  found  greatly- 
deficient  for  the  Purpofes  aforefaid,  and  the  faid  Commiflioners  having  wholly 
neglected  either  to  demand  or  receive  the  fame  Tax,  or  to  agree  with  any  Per- 
fon or  Perfons  to  undertake  the  faid  Public  Buildings  :  For  Remedy  whereof, 

y.  B  E  it  Enacted,  and  it  is  hereby  Enacted,  hy  the  Authority  aforefaid.  That  commiflione 
Mr.  John  Starkey,  Mr.  Edward  Griffith,  and  Mr.  Jeremiah  Vaily  be,  and  are  »ppoint€d7 » 
*  -^4  hereby 


326  LAWS    of    North-Carolina. 


^.  D  1749  hereby  appointed  CoHimifTioners,  and  they,  or  any  Two  cf  them,  are  hereby 
V— --^.»— '  invefted  with  full  Power  and  Authority,  to  agree  with  any  Perfon  or  Perfons  to 
pMi.tiRg.^  at'^redj  carry  on,  and  perfed:  the  laid  Buildings  ax.  I<!ewbern  Town  aforefaid  ;  and 
Thvihcrn.  gj^Q^  {.Q  receive  and  apply  \.\\s.  faid   Monies  arifing  by  the  Tax  aforefaid,  and  the 

further  Sum  of  One  Hundred  Pounds,  Proclamation  Money,  which  is  hereby 
direfted  to  be  paid  by  the  CommilTioners  for  Stamping  and  Emitting  the  Sum 
of  Twenty  One  Thoufand  Three  Hundred  and  Fifty  Pounds,  Public  Bills  of 
Credit,  at  the  Rate  of  Proclamation  Money,  out  of  the  Treafury,  in  order  to 
enable  the  aforefaid  Mr.  Johyi  Starkey^  Mr.  Edward  Grifjith^  and  Mr.  Jeremiah 
Vailt  CommifTioners,  or  any  Two  of  them,  to  carry  on  the  faid  Public  Build- 
ings :  Any  Thing  contained  in  the  before  recited  Ad  to  the  contrary  thereof,  in 
any- wife,  notwithflanding. 


p««?«(iiBgi  en  VI.  AND  whereas  fome  Doubts  have  arifen,  concerning  the  Praflice  tiouch- 
L.nt"!  '  "  ing  original  AttachmentSj  that  the  fame  is  not  rendered  certain :  It  is  hereby 
Enacted^  That  when  any  Goods,  Chattels,  or  Monies,  fhall  be  attached  in  any 
Perfons  Hands  or  Pofteffion  belonging  to  the  Defendant,  the  Sheriff  ihall  return 
the  fame  in  a  fpecial  Manner,  on  the  Back,  of  fuch  Attachment  i  and  on  Return 
thereof,  a  Scire  Facias  fliall  ilTue  againfl;  the  Perfon  in  whofe  Flands  or  PolTef- 
fion  the  Effc(5ts  or  Monies  ihall  or  may  be  attached,  to  come  into  Court,  and 
declare,  upon  Oath,  how  much  Effeds  or  Monies  he  hath  in  his  Hands  or  Pol- 
fcflion  belonging  to  the  Defendant,  or  plead,  after  he  has  appeared  as  Garnifhee, 
to  the  Adion,  upon  Conditiojn  he  puts  in  Special  Bail-,  and  if  ihe  faid  Perfon 
fail  to  appear  atter  Service  of  the  faid  Scire  Facias^  or  upon  the  Return  of  Two 
Nihils,  then  Judgment  fhall  be  given  againft  fuch  Perfon  of  Perfons,  as  in  other 
Cafes  it  is  direcled,  in  and  by  the  afore-rccited  Ad. 

S  I  G  N  E  D  by 

Gabriel  Johnston,  Efq;  Governor, 

Nathaniel  Rice,  Prefident, 

Samuel  Swann,  Speaker, 


'^i     ifi     -J;?     'rj?      "3:^     ■'^ 

JU3  tw>  a*."*  ftji 

-^i-    ^     'IT    "^ 


L  A  PF  S    ^North-Carolina. 


327 


b-5^jC.-?od^.-%T.-f,rT,cti-Joc3'"^^3c1^d^^^ 


.-/.    D,     i?:;o 


^•''^jk,'^  ^^-  »<P-  ^/>-  -;K  '^^-  'ir-  ^  'W-  •^'  "*•  -^p-  ^?-  -^N  '*-  "*-  '^  -ir-  -iK  -i>-  **-'*•  "sj^  -»>-  r* 


i'Sl:iS 


^ 


gni 


G  E 


Gil   IL 


Regis,  Magnce   Britannia,  Franciae,  «SC 
Hihern'hie,  Viceffimo  Quarto. 


\ 


tHs    Ga  SB  ir  L 

Jo  H  N  S  T  OH, 


At    a   General  ASSEMBLY,    held    at  Ncrjjherri, 

Fitth  Day  of  July,  in  the  Year  of  our  Lord  One  Thou-  '^'^'  °-^"""^- 
fand  Sevea  Hundred   and  Fifty. 


CHAP.    L 

An  A^y  to  appoint  a  Fublic  Treafurer,  in  the  Room  of  Eleazcr  Allen, 

Efq;    deceafed. 

I.  TT  7  HER.  E  AS  by   an  Ad,  intituled.    An  AcU  to  appoint  Public  Tna-     preamble:. 

y  Y  purcrsy  the  Honourable  Edivard  Mofele)\  Efqj  was  conflituted  Public 
Treafurer  tor  the  Counties  of  Craven^  Carteret.,  Onflow,  New-Hanover,  Bladen, 
Jchnftcn,  Beaufort,  and  Hyde;  and  the  faid  Office  having  become  vacant  by  the 
Death  ot  the  faid  Edward  Mofeley :  And  whereas  by  an  Aft,  intituled.  An  Act, 
to  appoint  a  Public  Trcafitrer  in  the  Room  of  the  faid  Edward  Mofeley  £/^-,  deceaf- 
id,  the  Honourable  Eleazer  Allen,  Efq-,  was  conftituted  Public  Treafurer,  for  the 
faid  Counties  •,  and  the  faid  Office  having  become  vacant  by  the  Death  ot  the  faid 
Eleazer  Allen,  Efq ; 

II.  B  E  it  therefore  Enabled,  by  his  Excellency  Gabriel  Johnfton,  Efq;  Cover-  Treafurer  ap- 
mr,  by  and  with  the  Advice  and  Confent  of  his  Majeflfs  CoimciU  ^nd  the  General  ^"'"^  ' 
Affembly  of  this  Province,  cjid  by  the  Authority  cf  the  fame.  That  John  Starkey^ 
Efq;  be,  and  is  hereby  appointed  Public  Treafurer,  for  the  Counties  of  Cr<;;'y^;7, 
Carteret,  0^'Jlow,  New-Hanover,  Bladen,  Johnfion,  Beaufort,  Hyde,  Anfon,  and 
Duplin,  in  the  Room  of  the  faid  Eleazer  Allen,  Efq;  deceafed;  which  faid  Trea- 
fur:r  Hiill,  before  he  enters  upon  his  faid  Office,*  give  Bond,  with  fufficient  Sureties, 
to  our  Sovereign  Lord  the  King,  his  Heirs  and  Succefibrs,  in  the  Sum  of  1  wo 
Thoufancl  Pounds,  lawful  Money  of  Great-Britain,  for  the  faithful  Difcharge 
tif  his  faid  Office:  Which  Bond  fhall  bs  lodged  in  the  Secretary's  Office. 

I!L  ANn 


2.2i  L    A     IV     S       (?/'     N  O  R  T  H  -  C  A  R  O  L  I  N  A. 

A    D.     IV ;o 

v.; — -^ '      jjj_  j]^  £)  }^e  it  further  Ena5ted^  by  the  Authority  aforefaid^  That  the  Sherifs^ 

pry'ai.'i'tbi.c"*  County  Trc;afureirs,  and  all  other  Ferfons  concerned,  or  who  have  been  concern- 
M-nies  in  their  ^^^  j,-,  ,1,^  coUcding  and  FcCciving  any  Fublic  Money,  within  the  refpt£live  Coun- 
TrTJiLrr. '"'  ties  of  Cravcn^  Carteret^  Onjlow^  New-Hanover^  BJo.deny  Johnfion^  Beaufort^ 
Bjdey  Anfo;\  and,  Duplm.,  who  have  not  already  accounted  for  and  paid  the  fame 
to  the  aforcfaid  Edijaard  Mofelty^  Efq;  or  the  faid  Eka'i.er  Allen,  Efq;  deceafed, 
or  to  the  Committee  of  Accounts  of  both  Houfes,  fhall,  upon  Oath,  account 
for  and  pay  to  the  faid  John  Starkey,  Efq;  all  the  Money  fo  by  them  refpeftively 
received^  or  which  by  Law  they  ought  to  have  received,  and  are  accountable 
for  -,  under  the  Penalty  ot  Twenty  Pounds,  Proclamation  Money. 

Shcrifs.ftf.  Ml-      IV.  A  N  I)  he  it  further  Enact ed^  by  ths  Authority  aforefaid^  That  all  and 

tTASy^^^-  every  Sheriff  and  other  Perfons,  who  lliall  be  concerned  in  the  colkaing  and  re- 

i;cMni;s>h  n  ceivino"  the  Public  Monies  hereafter  to  be  colle6led  and  received,  within  the  fe- 

Ind'pay  k'to^the  vcrul  Countlcs  above-mentioned,  il:iall,  the  Week  after  the  fucceeding  General 

TtLaiurcr,         Coutt  foUowing  thc  Time  appointed  by  Law  for  their  coilefting  or  receiving 

thereof,  upon  Oath,  account  lor  and  pay  the  fame  to  the  Public  Treafurer  aiore- 

faid,     at    Neivbern  j    under    the    Penalty    of    Twenty    Pounds,    Proclamation 

Monejr. 

T  f,  .•.?,,.  V.  AND  hi^  it  further  Enacted^  by  the  Authority  aforefaid^  That  the  faid 
tx  to'''profeait's  Public  Treaf.irer  is  hereby  authorized,  impowered,  and  required,  to  fue  and 
^herifs,  Ac.  profecute  all  fuch  Sherif?,  County  Treafurers,  or  other  Accountants,  their  Heirs, 
Executors,  or  Adminiftrators,  or  otncr  Perfons,  who  have  heretofore  been,  or 
who  fiiall  hereafter  be  concerned,  in  the  collecting  or  receiving  the  Public  Mo- 
ney, or  who  have  or  fhall,-  at  any  Time  hcreaitef,  haVe  any  of  the  faid  Money 
in  their  Hands,  within  any  of  the  faid  Counties,  and  fhall  negle6i:  or  refufe  to 
account  for  and  pay  the  fame  •,  and  alfo,  on  the  feveral  Bonds  already  given,  or 
hereafter  to  be  given,  by  each  and  every  of  the  faid  Sherifs  of  the  faid  Counties,! 
County  Treafurers,  or  other  Perlons  in  any  of  the  faid  refpeftive  Counties,  for 
the  due  and  faithful  Performance  of  their  feveral  Offices  and  Duties;  and  the 
Clerks  of  the  feveral  County  Courts,  and  every  other  Perfon  or  Perlons,  having 
fuch  Bond  or  Bonds,  Account  or  Accounts,  or  other  Papers,  in  his  or  their 
Keeping  or  PoiTcflion,  is  and  are  hereby  diredled  and  required  to  deliver  the  f utic 
to  the  Public  Treafurer  aforefaid,  of  fuch  County  where  the  faid  Bond  or  Bonds 
was  or  were  given,  or  Accounts  or  other  Papers  lodged,  when  he  Ihall  t.'em«nd 
the  fiime. 

Vl.  AND  he  it  further  Enacted^  by  the  Authcrhy  aforefaid.  That  the  faid 
"^'"''with"  the  Public  Treafurer  fhall,  from  Time  to  Time,  as  often  as  required,  upon  Oath, 


Ccn.  Aiiimbiy.  gccount  for,  and  pay  to  the  General  Alfembly,  all  fuch  SunTS  of  Money  which 
he  (hall  receive  by  Virtue  of  this  Aft;  for  which  Trouble,  he  fhall  be  allowed 
*Five  per  Cent,  on  all  the  Monies  by  him  received  and  paid  into  the  Affembly, 
(except  tlie  Money  he  fhall  receive  from  the  Executors  either  of  tlie  faid  Edward 
Mcfetes\  Efq;  of  FJeazcr  Allen,  Efq;  which  was  lodged  in  the  Hands  of  the  faid 
Edward  Mofdey,  Efq;  or  Aleazer  Aliens,  Efq;  for  building  the  Forts,)  and  may 
dedud  the  fame  accordingly. 


tipplifd. 


Penalties  how  re.  VII.  A  N  D  be  it  Enacted,  That  the  Penalties  in  this  Ad  before  mentioned- 
1°^'."^"''  ^""^  fliall  be  fued  for  and  recovered  in  the  General  Court  of  this  Province,  by  Adion 
of  Debt,  Bill,  Plaint,  or  Inform;ftion,  wherein  no  EiToign,  Protedion,  Injun- 
ction, or  Wager  of  Law,  fhall  be  allowed  or  admitted  of ;  Two  Thirds  whcre= 
of  to  his  Majefty,  to  be  applied  for  the  Ufe  of  the  Public,  and  the  other  Third 
to  the  Treafurer  aforelaid. 

till.  ANI> 


-L  A   JV  S     o/"    North-Carolina.  329 

A.  D.    1750. 


-V 


VIII.  AND  be  it  further  Enacted:,' by  the  Authcrity  aforcfaid^  That  if  the  iiud  ^ 
Pubhc  Treaftirtr  lliaJl  nfgled  or  refule  to  account  for  and  pay  to  the  General  Af-  TrTnfurcr"    for 

to  ac« 
the 

)ney, 
Negle6t  or  Refufal ;  to  be  recovered,  by  Adion  of  Debt,  Bill,  Plaint,  or  Infor- 
mation, in  the  General  Court  of  this  Province,  by  him  or  them  that  fhall  or  will 
fue  for  the  fame  :  Two  Thirds  whereof  to  his  Majefty,  to  be  applied  for  the  Ufe 
of  the  Public,  and  the  other  Third  i'art  to  the  Profecutor. 


fembly,  all  fuch  Sums  o\  Money  which  he  fnall  receive  in  Virtue  of  this  Ad,  he  "^^l,'"^^^"' 
fhall  forfeit  and  pay  the  Sum  of  Fifty  Pounds,  Proclamation  Money,  for  each  AUcmbiy. 


:aEibIea 


1%..  AND  be  it  further  Enr.ctrd,  by  the  Authority  afcrefaid.  That  this  Ad  Continuance   of 
fhall  continue  in  Force  for  Three  Years,  next  after  the  paffing  hereof,  and  from  '"^^  ^'^• 
t|ivnce  to  the  End  of  the  next  Seffion  of  Aflembly,  and  no  longer. 


C  A  H  P.     II. 

An  Adt\  to  rcpml  Part   of  a  Claufe  in   an  A6f^  iniltiiled^  An  A(d,  for 
_,  forming  a.  Rent-RoU  of  all  the  Lands  holden  in  this  Province,  for 
\  quieting  the  Inhabitants  in  their  FoiTefTions,  and  for  direding  the 
-    Payment  of  Quit-Rents. 

I.  T 1  rHEREAS  by  a  Claufe  in  the  Ad  of  the  General  Aflembly  of  this 

V  V  Province,  pafled  the  Fifteenth  Day  of  O£lober,  in  the  Year  of  our  Lord  ^'' 
One  Thoufand  Seven  Hundred  and  Forty  Eight,  intituled.  An  Acl,  for  formtug 
a  Rent-Roll  of  all  the  Lands  holden  in  this  Province^  for  quieting  the  Inhabitants 
in  their  PoJeJfionSy  and  for  directing  the  Payment  of  ^it-Rent s^  it  is  Enaded, 
That  the  Quit-Rents  then  after  to  be  paid,  for  any  Lands  already  granted,  or  that 
ihould  then  after  be  granted,  within  this  Province,  or  which  had  been  adually 
poffefled  by  any  Perfon  for  the  Space  of  Twenty  Years  then  laft  paft,  Ihould  be 
paid  in  Proclamation  Money,  at  the  Court-houfe  in  the  County  where  fuch  Land 
Jieth,  or  in  Infpedors  Notes  for  Tobacco,  at  One  Penny,  Proclamation  Money, 
per  Pound,  or  Indigo,  at  Four  Shillings,  Proclamation  Money, /)^r  Pound  :  And 
whereas  it  is  apprehended,  that  many  hiconveniences  will  happen  from  the  Pay- 
ment of  the  faid  Quit-Rents  in  Indigo,  as  aforefaid ; 

IT.  B  E  it  therefore  EnaEted^  by  his  Excellency  Gabriel  Johnflon,  Efq;  Gover- 
nor, by  and  with  the  Advice  and  Confent  of  his  Majeftfs  Counck  and  the  General  to  "indig"  i"? 
Affembly  of  this  Province,  and  by  the  Authority  of  the  fame.  That  all  and  fo  much  P''"'^^- 
of  the  faid  recited  Claufe,  as  relates  to  the  Payment  of  Qiiit-Rents  in  Indigo,  fhall 
be  repealed,  and  it  is  hereby  repealed  accordingly  ;  any  thing  in  the  faid  Claufe, 
or  any  fubfequent  Act,  or  Claufe  of  an  Ad,  to  the  contrary  thereof,  in  any-wife, 
notwithftanding. 


CHAR 


.330  LAWS     of    North-Carolina. 


A.  D.    1730. 


CHAP.     III. 

An  A5iy  for  increafing  the  Annual  AUowa?ice  given  to  the  Attorney-Gme- 
•-  r^/,  for  his  trouble  and  Expences  in  riding  the  Circuits. 

PreamUe.  J.  T  T  7  HERE  AS  by  an  A(5t  of  AfTembly,  pafied  at  Newhern,  the  Twenty 

YY  Seventh  Day  of  March,  in  the  Year  of  our  Lord  One  Thoufand  Seven 
Hundred  and  Fifty,  intituled,  An  additional  ASt  to  an  A^-,  for  fixing  a  Place 
for  the  Seat  of  Government,  and  for  keeping  Public  Offices,  for  appointing  Circuit 
Courts,  and  defraying  the  Expence  thereof ;  it  is,  among  other  Things,  Enafted, 
That  the  Attorney-General  for  the  Time  being,  fhall  be  paid,  for  each  and  every 
Court  of  Aflize,  Oyer  and  'Terminer^  and  General  Goal  Delivery,  which  he  fhall 
attend  at  Edcntcn,  at  Wilmington,  and  at  Edgcomb  Court-houfes,  the  Sum  of 
Eleven  Pounds  Two  Shillings  and  Three  Pence,  Proclamation  Money,  and  no 
more :  And  whereas  it  is  found,  that  the  faid  Allowance  to  the  Attorney-Gene- 
ral, is  infufficient  to  anfwer  the  faid  Purpofes  for  which  it  was  granted  him  ; 

Attornty-Gene-       H.  B  E  it  therefore  Enabled,  by  his  Excellency  Gabriel  Johnfton,  Efq;  Goter- 

foi' HdfngThe""  nor,  by  and  with  the  Advice  and  Confent  of  his  Majejlfs  Council,  and  the  General 

Circuit.  Jffembly  of  this  Province,  That  the  Attorney-General,  for  his  Trouble  and  Ex- 

pences  in  riding  the  Circuits,  fliall  have  and  receive  the  Sum  of  Twenty  Pounds, 

Proclamation  Money,  for  each  and  every  fuch  Court  he  Ihall  attend  j  any  Thing 

in  the  above  recited  A(5t  to  the  contrary,  notwithftanding. 

Continnance  of        III.  A  N  D  be  ft  further  EnnSled,  That  this  A6t  fhall  continue  and  be  in  Force 
the  Aft.  fpp  Yowx  Years,  next  after  the  pafling  hereof,  and  from  thence  to  the  End  of  the 

next  Seffiofl  of  AfTembly,  and  no  longer. 


S  I  G  N  E  D  by 

Gabriel  Johnston,  Efqj  Governor. 

Nathaniel  Rice,  Prefident. 

Samuel  Swann,  Speaker. 


.1  A  H 


T      A      B      L     E 


O  F    T  H  E 

TITLES   of    the  feveral  ACTS. 

With  the  C  H  A  P  T  E  R^  ahd  Page  where  they  may  be  found. 


ACTS  paired  1715*. 

Page 
Chap.   II     /^Oroners  appointed.  2 

Chap.  16  \^  An  Aft,  to  diredt  the  Method  to  be  obfervcd,  in  the  Examination  and 
Commitment  of  Criminals,  j 

Chap.  20     An  Ad,  to  dired  the  Difpofal  of  Goods  taken  upon  Execution  ;  and  for  the  bet- 
ter Regulation  of  Diftrefles  hereafter  to  be  made,  for  Levies  and  Quit-Rents,  5 
Chap.  22     An  Act,  concerning  Appeals,  and  Writs  of  Error,  6 

Chap.  27  An  Ad,  concerning  old  Titles  of  Lands  j  and  for  Limitation  of  Adions,  and 
for  avoiding  Suits  in  Law,  y 

Chap.  28     Feme  Coverts  how  to  pafs  Lands,  g 

Chap,  29     An  Ad,  for  preventing  Difputes  concerning  Lands  already  furveyed,  9 

Chap.  30     An  Ad,  concerning  Efcheat  Lands,  and  Efcheators,  n 

Chap.  ^^  An  Ad,  to  regulate  divers  Abufes  in  the  taking  up  of  Lands,  and  to  afcertain 
the  Method  to  be  obferved,   from  henceforth,  in  taking  up  and  furveying 

Chap.  34    An  Ad,  for  entering  of  Veflels,  and  to  prevent  the  Exportation  of  Debtors,    15 
Chap.  36     An  Ad,  concerning  Roads  and  Ferries,  i5 

Chap.  37     An  Ad,  to  encourage  the  building  of  Mills,  ig 

Chap.  38  An  Ad,  to  appoint  Public  Regifters,  and  to  dired  the  Method  to  be  obferved  in 
conveying  Lands,  Goods,  and  Chattels  ;  and  for  preventing  fraudulent  Deeds 
and  Mortgages,  ja 

Ghap.  42  An  Ad,  to  afcertain  the  Gauge  of  Barrels,  and  to  prevent  Frauds  in  Pork,  Beef, 
Pitch,  and  Tar,  22 

Chap.  44  An  Ad,  to  appoint  Toll-Books  to  be  kept  at  or  near  Catherine^  Creek,  in  Cho- 
wan Precind,  at  the  Head  of  Pcquimons  Precind,  and  at  the  Mouth  of  the 
North-weft  River,  in  Currituck  Precind  ;  and  to  prevent  Perfons  from  tranf- 
porting  or  driving  Horfes,  Cattle,  or  Hogs,  to  other  Perfons  Lands,  24 

Chap.  45     What  Fences  are  fufficient,  2  c 

Chap.  47     Private  Burials  prohibited,  2^ 

Chap.  48  An  Ad,  concerning  proving  of  Wills,  and  granting  Letters  of  Adminiftration  ; 
and  to  prevent  Frauds  in  the  Management  of  Inteftates  Eftates,  27 

Chap.  49     An  Ad,  concerning  Orphans,  30 

Chap.  52     An  Ad,  for  appointing  a  Town  in  the  County  of  hath^  and  for  fecuring  the  Li- 
brary belonging  to  St.  Thomas' %  Parifti,  in  Pamptko^  31 
Chap.  59     An  Ad,  for  reftraining  the  Indians  from  molefting  or  injuring  the  Inhabitants  of 
this  Government,  and  for  fecuring  to  the  Indians  the  Right  and  Property  of 
their  own  Lands,                                                                                              38 
Chap.  60     Public  Trealurers  to  give  Account,                                                                   -^c) 

Chap. 


A    TABLE     of    the     Titles     of    the     ACT  S. 


Page 


|Chap.  6\.    An  A61,  impov/enng  Johanna  Pcterfon,  Widow  of  Thomas  Petcrfon,  hte  of  yil- 

-~-     hemarle  County,  Efq;  to  make  Sale  of  certain  Lands,  late  belonging  to  the 

'^    "     iliid  Thomas  Peterfon ;  and  to  make  other  Provifion  for  ylnna,  the  Daughter  of 

the  faid  Thomas  Peterfon,  to  whom  the  faid  Lands  do  defcend,  40 

Chap.  6r^     An  Ad,  confirming  the  Titles,  of  fundryPcrfons  who  have,  or  hereafter  may* 

purchafe  Lands  of  CoL  Thomas  Cary,  in  Bath  County,  41 

'ySr     :  KC  T^paffed  11720, 

Chap.  6  An  A6t,  to  confirm  a  Decree  made  in  the  Court  of  Chancery  of  this  Province, 
upon  a  Bill  .6f  Complaint  exhibited  hy  ■f'Filliam  Duckenfiehi,  Efq;  44 

ACTS  pafled   1722. 
Ci^p_ — ^.-  Ah  Aft,  for  a  Roatl  -ivom  Car &- Point,  on  Pamptico,  to  Newhern,  47 

Chap.     3     An  additional  Ad;  to  an  Ad,  intituled,  Jn  A^l^  appointing  Toll-Books,  48 

Chap.     5     An  Ad,  appointing  that  Part  of  Albemarle  County  lying  on  the  Weji  Side  of  Cho- 
wan River,  to  be  a  Pracind,  by  the  Name  of  Bertie  Precind,  49 
Chap.     7     An  Ad,  appointing  that  Part  of  the  Southwejl  Parifli  of  Chowan  that  lies  on  the 
South  Shore,  and  Alligator,  to  be  a  dillind  Parifh,  by  the  Name  of  the  South 
mb::c.\.     Parifh^of  C/(?(>w^«  ;  and  for  appointing  Veltrymen  for  the  faid  Parifli,  50 
Chap,     8     An  Ad,  for  fettling  the  Precind  Courts,  and  Court-houfes,  51 

ACTS   paffed    3723. 

Chap.     4     An  Ad,  for  fettling  the  Titles  and  Bounds  of  Lands*  54 

Chap.  /;  An  Ad,  for  an  additional  Tax  on  all  free  Negroes,  Mulattoes,  Muftees,  and  fuch 
Perfons,  Male  and  Female,  as  now  are,  or  hereafter  fhall  be,  intermarried 
with  .any  fuch  Perfons,  refident  in  this  Government,  c,6 

Chao.  I  a  An  additional  Ad  to  an  Ad,  intituled,  An  A5t,  concerning  proving  Wills,  end 
granting  Letters  of  Adminifir ation  ;  and  to  prevent  Frauds  in  the  Management 
of  Pat  eft  at  cs  Eftates,  •  58 

Chap.  II  An  Ad,  to  reftrain  the  keeping  too  great  a  Number  of  Horfes  and  Mares,  and 
for  amending  the  Breed,  59 

Chap.   13     An  Ad,  for  the  better  fettling  the  Town  ofNewhern,  in  the  Precind  of  Craven,^! 

Chap.  15  An  Ad,  for  incorporating  the  Sea  Port  of  Beaufort,  in  Ccr/^r^/ Precind,  into  a 
Townlhip,  by  the  Name  of  Beaufort^  62 

ACT  paired  1727. 
Chap.  7  An  Ad,  to  appoint  the  JSIorthweft  Part  of  Bertie  Precind  a  diflind  Parifh,  by 
the  Name  of  the  Northwefi  Parifli  of  Bertie  Precind,  and  for  appointing  Ve- 
ftrymen  for  the  faid  Parifh  •,  and  to  appoint  Cdmmifiioners  in  every  Parifn  in 
this  Government,  to  call  the  Churchwardens  and  Veilry  to  Account,  for  the 
Parifh  Money  by  them  received*  6S 

ACTS     paffed     1729,  ..;.:■  f^r     ,. 

Chap.     2     An  Ad,  for  the  more  quiet  fettling  the  Bounds  of  the  Aleherrin  Indians  Lands,  71 

Chap.  3  An  Ad,  to  make  Hyde  Precinct  iepafate  from  Beaufort  Precinct,  with  Power  of 
erecting  a  Court- houfe,  and  holding  Courts,  72 

Chap.  4  An  Ad,  to  appoint  that  Part  of  Albemarle  County,  lying  on  the  Soudi  Side  of 
Albemarle  Sound,  ^nd  Morattuck  River,  as,  high  as  the  Rain-hw  Banks,  tQ  be 
a  Precind,  by  the  Name  of  Tyrel  Precinct,  ,  ,  ''73 

Chap.  5  An  additional  Ad  to  an  Act,  for  appointing  Toll-Books,  and  for  pi'cveiiting, Peo- 
ple from  driving  Horfes,  Cattle,  or  Hogs,  to  other  Perfons  Lands,  '74 

Chap.  6  An  Ad,  for  the  more  effectual  and  fpeedy  putting  in  Execution  the  Act  for  fet- 
tling the  Titles  and  Bounds  of  Peoples  Lands,  Q,;)  -i^^ 

Chap.     7     An  Ad,  to  confirm  Bath-Town  Common?  ^  76 


A  .  T  A  B.  L  E     of    the     Titles    of    the     ACTS.  3 

^  Page 

ACTS     palled     1734. 

Chap.     6     An  additional  Act  to  the  Act,  concerning  Roads  and  Ferries,  80 

Chap.     8     An  A6ti  to  confirm  and  cftabiifh  the  i^recincts  oi  Onjhw  and  Blade;!,  and  for 

appointing  them  diitinct  Ir'ariihcs,  gj 

V-  :  ACTS     paffed      1738. 

Chip.     3     A-n  A6V,  for  appointing  Sherifs  in  the  Room  of  Marlhals  of  this  Province,  for 

pr-fcribing  the  Method  of  appointing  them,  and  tor  limiting  the  Time  of  their 

Continuance  in  OHice,  and  directing  their  Duty  therein,  and  for  abolifhing  the 

Office  of  rrovoit-Murfhal  of  this  Province  -,  and  for  altering  the  Nanies  of 

?p.  I  the  Precincts  into  Counties,  g5 

Chap,   io     An  Act,,  to  prevent  kiUing  Deer  at  unfeafonable  Times,  ai 

Chap,   ir    An  Act,  for  appointing  a  Town  on  the  Plantation  whtrQlPllliam  Wehjier  now 

.    -  dwelleth,  in  Hyde  County,  on  the  Well  Side  of  Matchapungo.  Paver,  92 

ACT  palled  1738. 
Chiip.  I  An  Act,  to  fupply  the  Defect  of  an  Act  paffed  laft  Seffion  of  AlTembly,  intituled; 
An  Act,  for  appointing  Shtrifs  in  the  Room  of  Marlhals  of  this  Province; 
for  prefcfibing  the  Method  of  appointing  them,  and  for  limitting  the  Time 
of  their  Coiitinuance  in  Office,  and  directing  thrir  Duty  therein,  and  for  a- 
bolifliing  the  Office  of  Provoft-Marfhal  of  this  Province  ;  and  for  altering  the 
1  Names  of  the  Precincts  into  Counties,  ne 

ACTS     paffed     1739. 

-Chap.     3  '  An  Act,  prefcribing  the  Manner  of  proving  Book  Debts,  9^ 

Chap.     4     An  Act,  for  erecting  the  Village  called  Newtcn,  in  Ne'X-Hanover  County,  into 

a  Town  and  Townfliip,  by  the  Name  di  V/iimingtcn  ;  and  regulating  and  af- 

^'  ceftaining  the  Bounds  thereof,-  qg 

ACTS     paffed     1740. 
Chap.     I     An  Act,  for  confirming  Titles  to  the  Town  Lands  of  Edenton,  for  fecuring  the 
Privileges  heretofore  granted  to  the  faid  Tov/n,  and  for  further  Encourage- 
ment and  better  Regulation  thereof,  103 
.Chap.     2     An  Aft,  to  enable  the  Commilnoners  hetein  after  appointed,  to  erect  and  finifh 
Z.                         a  Church  in  Newberh,  in  Craven  County  and  Parifh,  in  the  Province  aforefaid, 
r-^                        nnd  for  the  bettef  regulating  the  faid  1  own  ;  and  other  Purpofes  therein  men- 
tioned,                                                                                                                loS 
\  Chap.     3     An  A(5l,  to  enable  the  Commiflioners  herein  after  fiientioned,  to  linifh  die  Church 
a  Tread  y  begun  zX.  Edenton,                                                                                in 
^Cljap.     4     An  A6t,  for  the  further  and  better  Regulation  of  the  Town  called  IVilmington,  ia 
;.  j") '                      New-Hanover  County  •,  and  to  eftablilh  the  Church  of  the  Parilh  of  St.  JameSy 
.^                          to  be  built  in  the  laid  Tovvn,                                                                             1 13; 
Chap.     7     An  Ad,-  for  the  more  effectual  Eilabiilhing  a  Ferry  from  Bath-Town,  to  CorS- 
Point,    and  from  Core-Point,  to  Bath-Town ;  and  for  preventing  any  other 
Ferry  within  Ten  Miles  of  the  faid  Town  oi Bath,  or  Core-Point,  on  the  fame 
Sides  of  the  River,                                                                                                 116 
Chap.     9     An  A6t,  to  exempt  the  Inhabitants  of  Bath-Town  from  working  on  the  Public 
Roads,  and  to  oblige  the  faid  Inhabitants  to  clear  and  keep  the  Streets  of  the 
faid  Town  clear  and  in  good  Order,                                                                 1 17 
Chap.   10..  An  Act,  to  enable  the  jultices  of  ^vr^/ County,  to  build  a  Warehoufe  on  Sco- 
/>rrw^«:^j,  for  receiving  of  his  Majefty's  Qiiit-Rents,                                       118 
Chap.   13     An  Act,  for  granting  an  Aid  to  his  Majefty,  to  defray  the  Expences  of  tranf- 
porting  the  fevcral  Troops  inlifted  in  his  Majefty's  Service  in  this  Colony, 
and  to  afccrtain  the  Method  of  paying  all  I'aXes  and  Levies  in  Commodities ; 
and  f(T  other  Purpof;s  therein  mentioned^                                                       ii^ 

P  4  ACT  S- 


4  A     TABLE     of    tlie     Titles     of    the    ACTS. 

Page 
ACTS    .paffed     1741. 
Chap.     I     An  Act,  concerning  Marriages,  127 

Chap.  4  An  Act,  to  make  and  confirm  that  Part  of  the  mairi  Road  leading  from  Bennet*% 
Creek  Bridge,  to  Virginia:,  joining  to  Mr.  Henry  Baker's,  in  Chowan  County, 
altered,  for  the  Conveniency  of  the  Public,  by  the  adjacent  Inhabitants,  to  be 
the  main  and  Public  Road,  i^i 

Chap.     5     An  Ad,  to  appoint  Conftablesj  i^i 

Chap.  7  An  A61,  to  confirm  and  ereft  that  Part  of  the  Province  called  Edgcomb  County^ 
into  a  County,  by  the  Name  of  Edgcomb  County,  and  for  eftabhfliing  the  faid 
County  a  Paridi ;  and  for  afcertaining  the  Boundary  Line  between  the  Norih- 
■zy^/ and  ^ijaV/y  Parilhes,  i^^ 

Chap.  8  An  Ad,  to  prevent  fteaiing  of  Cattle  and  Hogs,  and  altering  and  defacing  Marks 
and  Brands,  and  mifmarking  and  mifbranding  Horfes,  Cattle,  and  HogSj 
unmarked  and  unbranded,  13- 

Chap.     9     An  A61,  for  afcertaining  the  Boundary  Line  between  I'yrel  and  Beaufort  Coun- 
ties, and  betv/een  £fl'^fo;;2/^' County,  and  T}''"^'  and  i?^^K/i?r/ Counties,        137 
Chap.   II     An  A(5t,  for  feftraining  the  talking  of  exceffive  Ufury,  138 

Chap.   1 2     An  Aft,  for  appointing  and  layifig  out  a  Town  on  or  near  MV/r2«z's  Point,  on  the 
South  Side  of  Ne-uc-River,  ,in  Ovjlow  County,  by  the  Name  oi  Johnfton,    139 
Chap.   13     An  Ad",  to  prevent  the  taking  away  Boats,  Canoes,  or  Pettiaguas,  from  Land'- 
ings,  or  elfewhere,  without  Leave,  141 

Chap.  14     An  Ad,  for  the  better  Obfervation  and  keeping  the  Lord's  Day,  commonly  called 
Sunday;  and  for  the  more  effectual  Suppreffion  of  Vice  and  Immorality,   142 
Chap.   15     Ah  Ad,  for  the  Tryai  of  fmall  and  mean  Caufts,  145 

Chap.   16     An  Ad,  for  afcertaining  the  Damage  upon  proteiled  Bills  of  Exchange,  147 

Chap.   17     An  Ad,  for  regulating  Weights  and  Meafures,  148 

"Chap.   18     An  Ad,  for  the  building  and  maintaining  of  Court  houfes,  Prifons,  and  Stocks, 
,  m  every  County  within  this  Province,  and  for  appointing  Rules  to  each  Coun- 

ty Prifon  for  Debtors,  i  ^o 

Chap.  19  An  Ad,  the  better  to  enable  the  Ccm^mifTioners  appointed  for  building  a  Church 
at  JSewberit,  to  erect  the  fame, 'and  to  impower  them  to  demand  and  receive, 
of  any  Perfon  or  Perfons,  all  Pariili  Levies  already  laid  and  not  ^appropriated  j 
and  for  other  Purpofes  therein  mentioned,  151 

Chap,  zo     An  Ad,  for  regulating  Ordinaries,  and  for  Reflraint  of  Tippling-houfes,       152 
Chap.  21     An  Ad,  for  the  Relief  of  fuch  Perfons  as  have  fuffered,  or  may  fuffer,  by  the 
Regiflers  of  the  feveral  Counties  of  this  Province  neglecting  to  regifter  their 
Deeds  or  mefne  Conveyances  •,  or  who,  through  Ignorance  or  Negled,  have 
not  had  the  fame  acknowledged,  proved,  and  rcgiftred,  155 

Chap.  23  An  Ad,  for  eftabUfhing  the  Church,  for  appointing  Parifhes,  and  the  Method 
of  eleding  Veftries  •,  and  for  direding  the  Settlement  of  Parifh  Accompts 
throughout  this  Government,  156 

Chap.  24     An  Ad,  concerning  Servants  and  Slaves,  16 1 

Chap.  I  An  Ad,  for  creding  the  upper  Part  of  Bertie  County  into  a  County,  by  the 
Name  of  Northampton  County  •,  and  for  regulating  the  Limits  between  Society 
Parifli,  and  the  Northweji  Parifh  of  Bertie  j  and  for  removing  the  Seat  of  ^^r- 
//V  County  Court,  175 

ACTS     paffed     1743. 
■  Chap,     i     An  Ad,  to  regulate  Eledions  for  Members  to  ftrve  in  General  Affembly  for  the 
feveral  Counties,  to  declare  who  fhall  be  qualified  to  vote  in  the  laid  Eledions, 
or  be  eleded  a  Member  of  the  General  Aflembly  for  any  of  the  faid  Counties, 
and  to  dired  ihe  Method  to  be  obferved  in  taking  the  Poll  at  the  feveral  E- 
,  ledions  in  the  Counties  and  Towns  in  this  Province,  177 

Chap.  2  An  Ad,  for  obtaining  an  exad  Lift  of  Tajiables,  and  for  the  effectual  collecting 
as  weH  all  Arrears  of  Taxes*  as  all  other  Taxes,  for  the  future  due  and  pay- 
able, ij^o 

Ghap. 


A     TABLE     of    the     Titles    of  •  the    A  C  T  S.  '  ^ 

Page 

Chap.  3  An  ASiy  to  impov/er  the  JuHices  of  Beaufort  County,  to  build  Two  fubftantial 
Warehoufes,  at  the  Places  hereafter  mentioned,  in  the  faid  County,  for  tlie 
Ufe  and  Conveniency  of  the  Inhabitants  paying  their  Taxes  and  Levies,     182 

Chap.  4  An  Acl,  to  afcertain  what  Attornies  Fees  fhall  be  taxed  and  allowed,  in  any 
Suit  or  Action,  brought  in  any  of  the  Courts  of  Record  in  this  Province,      1 8  2 

Chap.  6  An  Adl,  for  m.^ving  and  clearing  a  Highway  from  Edsnton,  into\the  Road 
leading  over  Mr.  Hojkins'%  Mill-Dam,  towards  Pequhtions  Court-liSufe  and 
for  ereding  Bridges  in  fuch  Road,  and  alfo  another  Gate  at  Edentcn^         1 84 

Chap.  7  An  Ad,  for  ercfting  a  Court-houfe,  Prifon,  and  Stocks,  in  Bertie  County, 
and  lor  laying  a  Tax  upon  the  Inhabitants  of  the  faid  County  for  defraying  the 
Charges  thereof,  jg^ 

:.,..;..•- ^...  ACTS   pafTed    1745. 

Chap. '••2  .An  additional  Ad  to  an  A61,  intituled.  An  An.,  for  appointing  Sherifs  in  the 
Room  of  Mcirfoais  of  this  Province^  for  prefcribing  the  Method  cf  appointing 
them.,  and  limitting  the  'Time  of  their  Continuance  in  Office.,  and  dire£iing  their 

i  Duty  therein  ;  and  for  abolifhing  the  Office  of  Proi-cft-Marf)oal  of  this  Province  % 

and  for  altering  the  Names  of  the  PrecirMs  into  Counties.,  187 

Chap.  3  An  additional  A61  to  an  Ad,  intituled.  An  A£l,  to  prevent  killing  Beer  at  unfea- 
fonable  Times,  and  for  putting  a  Stop  to  manyAbufes  committed  by  ivhitePer'fons^ 
under  Pretence  of  huntings  j  g  g 

Chap,  4  An  Ad,  to  repeal  an  Ad  pafled  at  -iXWilmingtcn,  in  the  Year  of  our  Lord,  1741, 
intituled,  An  A£f^  to  ejiablifh  Ports,  or  Places  of  Delivery  cf  Merchandifes,  im- 
ported in,  and  exported  out  of  this  Province  ;  and  to  prevent  the  clandejiine  run- 
7iing  of  unaccufiomed  Goods  in  the  fever al  Ports  thereof  iqo 

Chap,  5  An  Ad,  for  impowering  the  feveral  Commiflioners  herein  after  named,  to  make, 
mend,  and  repair  all  Roads,  Bridges,  Cuts,  and  Water-courfes,  already  laid 
out,  or  hereafter  to  be  laid  out,  in  the  feveral  Counties  and  Diftrids  hereim 
after  appointed,  in  fuch  Manner  as  they  judge  moft  ufeful  to  the  Public,   190 

Chap.  6  An  Ad,  for  ereding  a  Fortification  on  the  lower  Part  of  Cape-Fccr  River,  for 
■  applyirig  thereto  the  Powder-Money  already  arifen,  or  which  lliall  arife,  by- 
Shipping  coming  into  the  Port  of  Brunfwick,  ing 

Chap,  7  An  Ad,  to  appoint  Commiflioners  in  the  Place  and  Stead  of  thofe  deceafed,  to 
compleat  and  finifli  the  Church  at  Ne'-jobern,  and  for  adding  the  prefent  Church- 
v/ardens  and  Veftrymen  to  the  faid  Commiflioners ;  and  for  impowering  the 
faid  Commifiicners,  Churchwardens,  and  Veftrymen,  to  call  the  former  Com- 
miflioners to  Account,  for  ail  the  Monies  by  them  received,  for  the  Ufe  of  the 
iaid  Church,  and  to  appropriate  it  to  the  Purpofe  aforefaid,  and,  in  Cafe  of 
Infufficiency,  to  lay  a  Levy  to  accomplifh  the  fame,  20 r 

.Chap.  8  An  Ad,  to  add  that  Part  cf  the  Province  called  Mattamuskect,  and  Lake^  to 
Hyde  County,  202 

Chap.  9  An  Ad,  to  impower  the  Commiflioners  for  the  Town  of  Edenton,  to  keep  in 
Repair  the  lown  Fence-j  and  to  erect  and  build  a  Pound,  Bridges,  and 
Public  Wharf,  and  Market-houfe ;  as  alfo  to  erect  and  build  a  School-houfe 
in  the  faid  Town,  and  other  Purpofes  therein  mentioned,  20^ 

Chap.  10  An  Ad,  for  the  better  regulating  the  Town  of  fVilmington,  and  for  confirming 
and  eftablifning  the  late  Survey  of  the  fame^  with  the  Plan  annexed,  204 

Chap.  1 1  An  Ad,  for  fencing  the  Town  of  Bath,  and  re-furveying  the  Common  be- 
longing to  the  faid  Town,  and  exempting  the  Inhabitants  from  working  on 
the  Main  Road  •,  and  to  give  Liberty  to  the  Innabitants  to  build  and  im- 
prove the  Front  or  Water  Lots,  and  to  appoint  Commiflioners  for  the 
Purpofes  aforefaid,  ^  208 

Chap.  1 2  An  Ad,  to  encourage  Perfons  to  fettle  in  the  Town  of  Brunfwick,  on  the 
Soutbwejl  Side  oi  Cape-Fear 'Rivtr,  210 

ACTS 


h  '  A    T  A  B  L  E    of    the     Titles    of    the    ACT  S. 

Page. 
ACTS    palled    1746. 

Chap.     I     An  Aft,  for  the  better  regiilaring  the  Militia   of  this  Government,  215 

Chap.  2  An  Ad:,  for  Erefting  the  upper  i-'art  of  Craven  County  into  a  County  and  Parilh  j 
and  for  appointing  a  Pluce  for  building  a  Court-houfe,  Prifon,  and  Stocks,  in 
the  faid  County,  219 

Chap.  ■-]  An  Ad,  for  dividing  Edgcomh  County  and  Parifli,  and  for  .erefting  the  upper 
Part  thereof  into  a  County  and  Parifh,  by  the  Name  of  Gran-vtlle  County, 
and  St.  Jobjt?,  Parilh  •,  and  for  appointing  Veftrymen  of  the  faid  Parifh,     220 

Chap.  I  An  Aft,  for  the  better  afcertaining  the  Number  of  Members  to  be  chofen  for  the 
fsveral  Counties  within  this  Province,  to  fit  and  vote  in  General  Ailembly  ; 
and  for  Edablifhing  a  more  equal  Reprefentative  of  all  his  Majefty's  Subjefts 
in  the  Ploufe  of  Burgcfies,  ,  223 

Chap.  2  Ah  Aft,  to  fix  a  Place  for  the  Seat  of  Government,  and  for  keeping  Public  Of- 
fices -,  for  appointing  Circuit  Courts,  and  defraying  the  Expence  thereof ;  and 
alfo  for  eftablifliJng  the  Courts  of  Jufcice,  and  regulating  the  Proceedings 
therein,  -  224 

Chap.  I  An  Aft,  for  appointing  Commiuioners  to  Revife  and  Print  the  Laws  of  this 
Province,  and  for  granting  to  his  Majclty,  for  defraying  the  Charge 
thereof,  a  Duty  on  Wine,  Rum,  and  diftilled  Liquors,  and  Rice,  imported 
into  this  Province,  241 

ACTS  paiTed   1748.  -       • 

x'^n  Aft,  to  appoint  Public  Treafurcrs,  247 

An  Aft,  for  recfulating  the  feveral  Gfficers  Fees  v/ithiri  this  Province,  and  afcer- 
taining  the  Method  of  paying  the  fame,  250 

An  Aftj  for  laying  a-  Tax  on  the  Inhabitants  of  Granville  County,  and  for  ap- 
pointing CommilTioncrs  to  compleat  and  finilli  the  Public  Buildings  already 
begun  in  the  faid  County,  '  ■  ,  258 

An  Aft,  to  prevent  the  Exportation  of  raw  Hides,  Pieces  of  Hides,  and  Calf 
Skins,  out  of  this  Governmeht,  259 

An  Aft,  to  appoint  Commifliontrs  to  continue  running  the  Boundary  Line  be- 
tween ii'^^cw?/' County,  'J'yreU  and  Part  of  5f(7«/or/ Counties,  261 
An  Aft,  for  deftroying  Vermin  in  this  Province,  261 
An  Aft,  to  enlarge  the  Time  for  the  Commiflioners  of  the  Roads  appointed  by 
the  Act  of  AlTembly  palled  y?//'//  20,    1745,  intituled.  An  A5i^  to   impower 
the  feveral  CommiJJioners  herein  nfternamcd,  to  make^  niend,  and  repair  all  Roads., 
&Ci  to  recover  the  fcveral  Sums  due  from  Defaulters,  263 
Chap.     8     An  Aft,'  to  provide  indifierent  Jurymen  in  all  Caufes,  both  Civil  and  Criminal, 
and  for  an  Allowance  for  their  Attendance,  263 
Chap.     9     An  Aft-,  to  alter  the  Times  for  holding  the  Courts  for  the  County  of  Niw- 
Hcnover^                                     _                                                                       266 
Chap.   10     An  Aft,  for  granting  unto  his  Majefty  the  Sum  of  Twenty  One  Thoufand  Three 
Hundred  and  Fifty  Pounds,  Proclamation  Money,  and  forflamping  and  emit- 
ting the  faid  Sum  of  Twenty  One  Thoufand  Three  Hundred  and  Fifty  Pounds, 
Public  Bills  of  Credit  of  this  Province,  at  the  Rate  of  Proclamation  Money  -, 
to  be  applied  towards  building  Fortifications  in  this  Province,  Payment  of  the 
Public  Debts,  exchanging  the  prefent  Bills  of  Credit,  and   for  making  proper 
Pfovifion  for  defri^j'ing  the  contingent  Charges  of  the  Government ;  and  for 
•    repealing  the  feveral  Laws  herein  after  mentioned^  266 
Chap.     I     An  Act,  to  appoint  a  convenient  Place  for  holding  the  County  Court  of  Gran- 
ville^i  and  to  impower  the  Commiffioners  hereafter  named,  to  build  a  Court- 
houfe,  Prifon,  and  Stocks,  in  the  faid  County,                    ^    -^  271 
Chap.     2     An  Act,  for  defraying  the  Expence  of  the  Members  of  his  Majefly's  Honoura- 
ble Council,  and  the  Members  of  the  General  Afiembly  of  this  Province,  in 
their  travelling  to,  from,  and  attending  at  the  laid  Aliemblies  •,  and  to  com- 

pell  their  Attendance,  272 

Chap. 


Chap. 
Chap. 

1 
2 

Chap. 

3 

•  A 

Chap. 

4 

Chap. 

5 

Chap. 
Chap. 

6 

7 

A     TABLE    of    the    Titles    of    the     ACTS.  f 

Page 

Chap.     3     An  Ad,  for  afcertalning  die  Bounds  of  a  cerrain  Traft  of  Land  foriTierly  laid 

out  by  Treaty  to  the  Ufe  of  the  rujkcroi-a  Indians,  fo  long  as  they,  or  any  of 


hdians,  279 

Chap.  4  An  A61,  for  formuig  a  Rerit-Roll  of  all  the  Lands  holden  in  this  Province,  ior 
quieting  the  inhabitants  in  their  Poficffions,  and  for  directing  the  Payment 
of  Quit-Rents,  n-,^ 

Chap.  5  All  Ad,  to  appoint  an  Agent,  to  follicit  the  Affairs  of  this  Province  at  the  feve- 
I'al  Boards  in  England,  273 

Chap.  6  An  Aft,  for  the  better  regulating  the  Town  of  Newhcrn,  for  fencing  the  fame, 
and  fecuring  the  Titles  of  the  feveral  Perfons  who  hold  Lots  in  the  faid 
Town,  27^ 

Chap,  7  An  Ad,  to  alter  and  amend  ail  Aft,  intittiled.  An  A^,  fcr  ap^ohitlng  Ccmmif- 
fioners  to  revife  and  print  the  Laws  of  tins  Province  -,  ay:d  fcr  granting  unto  his 
Majefiy,  fcr  defraying  the  Charge  thereof  a  Duty  on  Wi::c,  Ruviy  and  d'filled 
Liquor  St  and  Rice  imported  into  this  Province^  283 

ACTS     palTed     1749. 

Chap.  I  An  additional  A(5t  to  an  Aft,  intituled.  An  Atl,  for  forming  a  Rcnt-Roll  of  all 
the  Lands  hglden  in,  this  Province,  for  quieting  the  Inhabitants  in  their  Pojfeffions^ 
and  for  dire£iing  the  Payment  of  ^it-Rents,  28/; 

Chap.  2  An  Aft,  for  the  Relief  of  poor  Debtors,  as  to  thfe  Imprifonment  of  theiY 
Perfons,  287 

Chap.  3  An  Aft,  for  the  Encouragement  of  James  Davis,  to  fet  up,  and  carry  on,  his 
Bufmefs  of  a  Printer,  in  this  Province  ■,  and  fcr  other  Purpofes  therein 
mentioned,  a  28a 

Chap.     4     An  Aft,  direfting  the  Method  for  cutting  or  docking  Intails  of  fmall  Eftates,   291 

Chap.  I  An  Aft,  to  put  in  Force  in  this  Province,  the  feveral  Statutes  of  the  Kiugdom  of 
England,  or  South-Britain,  therein  particularly  meniionedi  293 

"Chap.  2  An  Aft,  to  revive  a  Claufe  in  an  Aft  of  the  General  Aifembly  of  this  Province, 
intituled,  An  A£f,  to  fix  a  Place  for  the  Seat  of  Government,  and  for  keeping 
Public  Offices  \  for  appointing  Circuit  Courts,  and  defraying  the  Expence  there- 
of t  and  alfo  for  EJlabliJhing  the  Courts  of  Jujtice,  and  regulating  the  Proceed- 
inp  therein ;  palled  the  Fifth  Day  of  December,  One  Thoufand  Seven  Hun- 
dred and  Forty  Six,  004 

Chap.  3  An  additional  Aft  to  an  Aft,  intituled,  Ak  Aofi  to  provide  indifferent  Jurymen 
in  all  Caufes,  both  Civil  and  Criminal,  and  for  an  Allowance  for  their  At- 
tendance, 005 

Chap.  4  An  Aft,  for  altering,  explaining^  and  continuing  an  Aft,  intituled,  An  All,  for 
the  better  regulating  the  Militia  of  this  Government,  305 

Chap.  5  An  Aft,  to  appoint  a  Public  Trcafurer,  in  the  Room  of  Edward  Mofeley,  Efqj 
deceafed,  206 

Chap.  6  An  Aft,  to  Confirm  the  feveral  Afts  of  AfTembly  of  this  Province  therein  men- 
tioned, as  Revifed  by  the  CommifTioners  appointed  by  an  Aft  of  the  General 
Affembly  of  this  Province,  intituled.  An  A51,  for  appointing  Comraifficners  to- 
Revife  and  Print  the  Laws  of  this  Province  •,  and  for  granting  to  his  Majefty^ 
for  defraying  the  Charge  thereof,  a  Duty  on  JVine,  Rum,  and  ^\liflilkd  Liquors^ 
and  Rice  imported  into  this  Province ;  and  fuch  other  t.aws  of  this  Province 
as  have  been  palTed  finee  the  faid  Revifal ;  and  to  direft  the  Printing  of  the 
faid  Laws,  ooS 

Chap.  1  An  Aft,  for  Erefting  the  Upper  Part  of  New- Hanover  County  into  a  County 
and  Parifh,  by  the  Name  of  Duplin  County,  and  St.  Gabriel  Parifh  ;  and  fbr 
appointing  a  Place  for  building  a  Court-houfe,  Prifon,  and  Stocks,  in  the 
iiid  Coufltya  317 

CL  4  Chapf 


Chap. 

4 

Chap. 

5 

Chap. 

6 

B  A    T  A  13  L  £    of    the     Titles    of    the    A  C  T  S. 

Page 
Chap.     2     An  ACt,  for  Ercfting  the  Upper  Part  of  Bltjdcn  County  into  a  County  and  Pa- 
rifh,  by  the  Name  of  y^«/o:?  County,  and  St.  G eorges' s  Faniht  and  for  ap- 
pointing a  Place  ior  building  a  Court-houfe,  Prifon,  and  Stocks,  in  the  faid 
County,  319. 

Chap.  3  An  additional  AcTt  to  an  Ad,  for  obtaining  an  exa<5l  Lift  of  Taxables  -,  and  for 
the  effedual  CoUeftir.g  as  well  all  A.rrears  of  Taxes,  as  all  other  Taxes,  for 
the  future  due  and  payable,  '  320 

An  Adj  to  enable  the  juftices  of  the  feveral  Counties  to  provide  certain  Lavsr 
Books,  for  the  Ufe  of  their  County  Courts,  321 

An  Aft,  to  encourage  Michael  Higgins  to  build  a  Bridge  over  'Trent  River,  near 
f'f^ickliff's  Ferry,  In  Craven  County,  322 

An  A6t,  for  appointing  and  laying  out  a  Town  on  the  Plantation  of  Mr.  6"^- 
muel  Jordan,  on  the  North  Side  of  Roanoake  River,  in  Northampton  County ; 
and  for  Eftablifhing  Two  Fairs  to  be  held  Annually  therein,  323 

Chap.     7     An  additional  Act  to  an  Ad,  intituled,   //«  A^,  to  fix  a  Place  for  the  Seat  of 
•  Government,  and  for  keeping  Public  Offices ;  for  appointing  Circuit  Courts,  and 
defraying  the  Expence  thereof;  and  alfo,  for  Efiablijhing  the  Courts  of  Juf/icCy 
and  regulating  the  Proceedings  therein,  324 

ACTS     paffed     1750* 
Chap.     I     An  Ad,  to  appoint  a  Public  Treafurer,  in  the  Room  of  Eleazer  AUeny  Efqj 

deceafed,  •  327 

Chap.     2     An  Ad,  to  ;epeal  Part  of  a  Claufe  in  Ad,  intituled.  An  A£f,  for  forming  a 

Rent-Roll  of  all  the  Lands  holden  in  this  Province,  for  quieting   the  hihahitants 

in  their  Poffeffions,  and  for  dire^ing  the  Payment  of  ^it- Rents,  329 

Chap.     3    An  Ad,  for  increafing  the  Allowance  given  to  the  Attorney-General,  for  his 

Trouble  and  Expences  in  riding  the  Circuits,    .  330 


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